f\ ' O » 



%"^ 









o 



















0^ :- 






X 











. .^^ °- 















<2* 









"-^^0^ 

^ /"- 










#tffli^ WLttUV^ 



IN DEFENCE 



OF 



^mM )sii^W>mmm (SOSTSSfSEQl^^ 



V 



i) 



AND 



THE PEOPLE 



OF 



MASSiiCISirsSTTS- 



Hoj^l 



BOSTON : 

i'UBrjSIIED BY SIMON GARDNER, 

A. Sampson, Priiite]-. 

J 824. 






-^T^ 



a- 



ADVEBTISEMENT- 

IN presenting to the public this collection of 
Mr. Otis' Letters upon the Hartford Convention, 
we do him no more than justice in declaring our 
conviction that he has amply redeemed his promi- 
ses. He has demonstrated not merely the moral, 
but the physic^ impossibility of a secret combi- 
nation, so often charged on that assembly; and 
tliough obliged to refer to facts and events which 
transpired during the war, he has forborne reviving 
topics of controversy, and has provided an armour 
for the defence of the honor of the State, which even 
his political opponents need not be backward to put 
on. Expectation too may be entertained that the 
brow beaten and calculating friends of the primitive 
plan of the Convention, (if any such there be) who 
have kept aloof and borne with exemplary fortitude 
censures inflicted on their agents, will no longer be 
ashamed or afraid to put in a word, though a com- 
mendable prudence may forbid their taking up a 
Cudgel in behalf of their old Forlorn Hope. 

The censors of the Hartford Convention may be 
divided into three classes. First the "Enragees,'' 
or those who affect to be patriots ''par excellence.'' 
They are like all pretenders to excessive virtue in 
both sexes, much to be suspected— persons, to whom, 
as Lord Bacon says, "the mixture of a lie doth ever 
add pleasure:'' and whose miuds, "if there were 



IV 

^» taken out, vain oi)inions, flattering liopes, false 
^Evaluations, imaginations as one would, and the 
E^like, would be left poor, shrunken things/' They 
love fiction, which his lordship calls '<Vinum I)ai- 
monum."' In the brewing of this adulterated << Vi- 
num,** the Hartford plot is a principal ingredient, 
and as the DTKMOnes cannot live AAithout it, we 
must let them continue hreicing. 

There is in the second place a much larger and 
more respectable description of prejudiced persons, 
whom the writer of the letters has apparently aimed 
to disabuse—men who think ill of the Convention, 
who are of fair minds and sound understandings, 
but whose pride of opinion will not yield without a 
struggle. Such persons are humbled in discovering 
themselves to have been dupes to a mere fiction— 
that what they have regarded as a "blue light" 
was a mere ignis fatuus, and that the Pandemonium 
of Hartford was harmless as a Quaker meeting. To 
these persons it may be a consolation to know that 
their case is not absolutely new; and though even 
with tlie aid of Matthew Carey's Vindicia*, it is im- 
possible to refer them to the story of any false plot, 
the belief in which, like that of the one in question, 
was current iqmn no evidence whatever; yet in- 
stances are not wanting to shew that tlie disease of 
the imagination is sometimes epidemical, and that 
good sense aflords no protection against it, wlien the 
predisposition to it is strong. Of this the liistory of 
animal magnetism is a striking illustration. Accord- 
ing to the discoverer of the system, there is "a fluid 
universally dill'used and filling all space, being the 
medium of a reciprocal influence between the celcs- 



tial bodies, the earth and living beiugs." One o-i-eat 
conductor of this animal magnetism was sound. Vast 
numbers of persons surrounding an iron chest in 
circles, were magnetized by a tune upon a forte 
piano— by hearing each others' voices, touching each 
others' thumbs, holding the same string, and even in 
different apartments, without any contact whatsover. 
By this means they experienced various sorts of con- 
vulsions, were cured, or thought tliemselves so, of 
divers maladies, and were affected by almost every 
variety of agitation, and of the heats and colds, it'hich 
are common in 2J02mlar assemblies and governments, 
and are produced in the same way, by the magnet- 
ism of sympathy. This imposture was gravely up- 
held by ingenious and scientific writers, (superior, 
with respect be it spoken, to the Djemones) and 
believed by thousands ; and such was the general 
excitement even in Paris, that a commission was 
instituted, of which Doctor Franklin was one, which 
was occupied many days, and in regular sittings, in 
trying to detect and explode it. When, therefore, 
we find sensible persons believing in the diffusion of 
this animal magnetism, by the contact of thumbs, 
ropes, and wires, and the percussion of sound upon 
the atmosphere, it requires no great stretch of imagi- 
nation beyond this, to conceive that the Legislatures 
of Massachusetts, Connecticut, and other States, 
might have been magnetized with a plot-making 
sympathy~.and as the one was propagated by sound 
from room to room, why might not tlm other have 
found its way from State to State by the .'^still voice** 
of newspapers or other invisible mediums, amon- 
those who were pulling the same string/ ' " 



VI 



li is fail- to console this well disposed class, by 
rcmindiiiir them of this and oilier instances, sliewiniii; 
that a proneness to credulity being often constitu- 
tional, is not always a reproach to tlie head, thou-h 
a malignant perseverance in error, despite of evi- 
dence, is so to the heart. The great Johnson l)e- 
lieved in apparitions. The miracles of Prince Ho- 
lienloe, attested ^'by grave and reverend signiors,'* 
divide with intrigues for the Presidency the public 
attention in the Metropolis of the Union. And it is 
quite possible there may be in Boston, disciples of 
Gall, who, if they had a chance of lecturing upon 
Mr. Otis' skull, would place their finger upon the 
plot-making region with the moralizing solemnity of 
the Grave Digger in Hamlet. 

Apart from these classes — the violent and the cre- 
dulous, are great numbers of persons who have 
thought unfavorably of the Convention from having 
heard only one side of the story, and to whom cor- 
rect information will be acceptable. Included in 
these, is the class who in the course of ten years, 
have grown up from childhood and youth to man- 
hood. Since the conclusion of the war, the Feder- 
alists have withdrawn to their farms and their mer- 
chandize, and have talked about "good feelings,'* 
and conducted themselves as if it did not require as 
many parties to lay aside a quarrel as it does to 
make one. Meanwhile the eflorts to keep alive the 
excitement of the old controversy have been inces- 
sant on the part of the conductors of the democratic: 
papers, and the Governor incites the children to dis- 
honor their fathers for opinions which have Ion- 
ceased to have any relation to the present state of 



Vll 



affairs. By this great mass of ingenuous young men 
it must be desirable to be furnished with the mate- 
rials contained in and referred to by these Letters ; 
and it is due to that interesting portion of the com- 
munity to let them see that their (Governor has no 
better right in reason than he has by the Constitu- 
tion, to call upon them to blush for their country. 

With respect to Mr. Otis himself— he has refrain- 
ed from every thing like a personal vindication, and 
given his reasons for that forbearance. We shall 
not therefore connect with this pamphlet any suck 
vindication, as it might be presumed to receive his 
assent, and have an air of evasion. It cannot be 
amiss however to say, that knowing perfectly well 
the part he acted during the war, and his affinity to 
the oldest whig and republican families in the coun- 
try, it would be incomparably more easy for us to 
shew the injustice done him by imputing to him a 
disposition to violent or high-handed or disorgani- 
zing measures at any period, than to account for the 
peculiar and virulent persecution by which it has 
been attempted to father upon him, whatever mea- 
sures by misrepresentation and the course of events 
are most liable to be regarded as at variance with 
the republican and federal principles of our Union. 



mm' sLifflf asss 



LETTER I. 



TO THE EDITOR OF THE CENTINEL. 



Aliud est maledicere — aliud accusare — accusatio crimen desiderat reura 
lit definiat, hominem ut notet — argumento probct, teste confirmet. Maledic- 
tio antem nihil habet propositi prseter contumeliam. Cic: pro M CceHo. 

SIR, 

Several months have elapsed since the speech of His Ex- 
cellency the Governor was made to the Legislature upon his 
accession to the chair. In that speech. His Excellency appears 
in the novel character of public accuser of the State and people 
over which he is called to preside, and requites them for the 
honor of their suffrages by bearing record to the past infamy of 
their political cliaracter and conduct. He imputes to them 
perseverance in a course of odious and criminal violation of 
their federal obligations, and desertion of tJie common cause in 
a time of urgent peril, and charges them with advancing to 
the very brink of treason. This "unhallowed" series of enor- 
mities, he says, was consummated by an "authorized combi- 
nation," (that is, as he intends, an illegal confederacy, au- 
thorized by law,) the mischievous consequences of which he 
describes in the language of one flushed, if not intoxicated 
with a new authority. This combination (whose alias dictus is 
the Hartford Convention) consisted of persons deputed by the 
Legislatures of sevei'al States, as Committees to meet together 
and consult upon a pressing emergency and to report their 
proceedings. Of this number, twelve only were appointed by 
Massachusetts; so that (their names being matter of public re- 
cord) they may consider themselves denounced as individuals 



2 

before both branches of the Legislature, not less than if they 
had been described with the technicality of an indictment. lu 
that assembly no voice was raised in their defence by their 
friends, who were the minority, and who thought, perhaps 
wisely, that silence was the most expressive reply, while the 
majority substantially echoed the music of the speech, and 
were soothed for the insult offered to the State by the flat- 
tering unction which His Excellency poured forth upon them- 
selves. Thus the members of that Convention, for going upon 
a State-errand, undertaken with known reluctance, are accused 
by their Governor, and in fact attainted by an act of the Gen- 
eral Court, of misdemeanors, which although they cannot by 
the Constitution, work forfeiture or corruption of blood, ought 
justly to be visited with forfeiture of character, and are by the 
public accuser and his court intended to produce that effect. 
In these circumstances— in a country whose Constitution pro- 
hibits the passing of bills of attainder, and secures to the hum- 
blest culprit the right of a hearing and defence and trial by 
his peers; it would not probably, be deemed in any view of 
equity, a departure from the respect due to the Chief Magis- 
trate and his friends, for the parties thus criminated to appear 
before the public in vindication of their characters ; though they 
would still be in the predicament of those unfortunates, who, 
under the very ancient " regime" of a country from which I 
trust His Excellency would not wish to take example, were 
first scourged, and then heard in their defence. Perhaps al- 
lowance would be made by the liberal (of which I hope there 
are many) among His Excellency's supporters, for a tone of in- 
dignation, in the aged patriots, statesmen, and warriors of the 
revolution, (who from different States were members of that 
Convention) in defending their civic and military wreaths from 
the indecorous grasp of a Chief Magistrate witli whom they 
need not shrink to compare their claims in every department 
of merit and duty to their country. And even the humble in- 
dividual who addresses you, after many years of service in 
public life, might be excused for protesting with some vehe- 
mence against the injustice of being sent to his account as 
a conspirator against the government of his country in conse- 
quence merely of having served upon a Committee of the Gen- 



3 

eral Court sitting in Hartford instead of Boston, and thus 
undertaking a mission forced upon him by three-fourths of the 
Legislature against his most earnest remonstrance, and to the 
great sacrifice of his convenience; without any equivalent in 
diplomatic perquisites and outfits by which the wreaths and 
laurels of His Excellency have been gilded. But whatever 
hope I might reasonably cherish of a fair indulgence from 
every friend of justice in repelling this official libel; yet if the 
solitary interest of my own good name were all that was en- 
dangered by it, I should suffer it to waste its venom "on the 
desert air," and leave to posterity to award the praise or cen- 
sure that shall hereafter appear to be due to "combinations," 
authorized or unauthorized — civil or military ; whether at Hart- 
ford, the supposed scene of my machinations, or at Newburgh, 
where history has laid a plot in which some of His Excellency's 
intimate friends were thought to be implicated. (See JVote A.) 
To this impartial tribunal I would refer my own cause rather 
than appear before the public in any communication which may 
wear the semblance of a labored vindication of my own politi- 
cal character. My disinclination to enter upon any such vin- 
dication has ever been invincible. In proof of its reality I can 
adduce the restraint which I have invariably imposed upon 
myself. In a long course of public vocations, (which I sin- 
cerely wish had been as beneficial to my country as they have 
been laborious and unproductive to me,) no personal justifica- 
tion has ever been attempted by me in any recollected instance 
against the pitiless censures and calumnies which have been 
showered upon me.* It has been my fasliion of thinking, that 
if a man is sustained by public favor, he has no occasion to 
engage in the difficult task of speaking of himself. If on the 
contrary, the people have grown tired, or dissatisfied with his 
services, he becomes an object of pity if not of contempt, when 
(destitute of the resource which in a retreat from public sta- 
tion, ministers not only to consolation, but delight — a retro- 
spection of the best motives, and of a constant communion of 
sentiment with wise and honorable men,) he whines over the 

'I do not consider a letter once written to Gen. Heath, nor a series of 
numbers written by "One of the Convention," nor a late letter on the sub- 
ject of the Massachusetts Claim, as forming exceptions to this remark. 



yariableness of the popular fancy, and by becoming his own 
trumpeter provokes tl\e sneers of his enemies and loses the 
esteem of his friends. In all such instances, the attempt to 
write one's self into favor — to roll up hill a recoiling popular- 
ity, is like the labor of Sj'siphus — torment without hope. To 
such torment I would not willingly be thought capable of the 
weakness and folly of dooming myself. Not that I ever held 
myself above explanation to candid inquiry from the humblest 
citizen of any party, or aftected indift'erence to the popularity 
"which follows." But having never, when youthful ardor 
availed me, given chase to " that popularity which must be run 
after," I would not at this day, Mith an impaired alacrity, phy- 
sical and moral, for all the pursuits of this world, expose myself 
to the ridicule of hobbling after the butterfly on my crutch, and 
tlirowing oft' my oklfashioned vesture in order to quicken my 
speed. This forbearance to engage in a wordy war on my own 
account, connected with the recollection that I am no longer 
the competitor of His Excellency, and that T consider my pub- 
lic "occupation gone," will, I hope obtain credit for my assu- 
rance that the remarks I propose to make upon a part of the 
speech, are prompted by a sense of duty to my native State, 
and by no view to any personal gratification or object. 

The part to which I allude is the "authorized combination." 
This undignified fling was a poisoned shaft which could not harm 
the Convention — a dead enemy; but which adheres to the bosom 
of the Commonwealth. The very terms, though sufficiently inac- 
curate, establish this truth. A combination in the ill sense used 
by His Excellency, is a league for a bad purpose, in which 
those who authorize it are principals. Such a combination 
among agents in behalf of their principals, affecting the /or?ner 
only with guilt, and leaving the latter innocent, is a solecism 
and absurdity. It is then the good old State and people of 
Massachusetts — that people who appointed, approved, and 
cheered the Convention ; whose honor is assailed by their 
Governor. The Convention itself is tlie stalking horse. The 
Commonwealth of 1B23 is still tlie Commonwealth of 1814 — 
" Shorn of its beams" it is true — mutilated by political sur- 
geons and reduced to second rate dimensions by the intrigues 
of low ambition — doomed for a long time, perhaps forever, to 



exhaust its political strength and influence in wi-anglings grow- 
ing out of personal and contemptible antipathies and predilec- 
tions. But nevertheless, the same sober, moral, firm, and 
patriotic community tlien and now. All this His Excellency 
seems not to comprehend. He begins with censure and ends 
with praise. The end of his Commonwealth, like Gonzalo's in 
the Tempest, forgets the beginning — And he is not aware that 
he dishonors the people who rocked the cradle of independ- 
ence, by charging upon them a *' combination" to consign it 
prematurely to a tomb. It thus (for reasons which shall be 
explained) becomes a claim of justice which the State has a 
right to prefer, that some member of that Convention, under 
the pledge of his own name and character, should take issue 
upon the guilt of the people of Massachusetts, in regard to that 
particular. To those who know the relation in which I have 
stood both to that Convention and to the Governor, no apology 
can be necessary for my taking up the gauntlet at this moment, 
nor for my omitting to do it till now. What I propose to offer 
will be merely in the nature of an historic memoir, presenting 
the transaction, not entirely in a new light, which is impossi- 
ble ; but in one, by which the friends to the honor of the State, 
of whatever party, should be glad to view it, and accompanied 
by such remarks only as are extorted by the speech. And 
while I disclaim the intention of giving just cause of offence to 
ingenuous and liberal men, of whatever political bias, I calcu- 
late upon having about my ears, an " irritable genus" of a dif- 
ferent description, which I am neither ambitious to propitiate, 
nor fearful to offend. 

H. G. OTIS. 



LETTER II. 

SIR, 

In selecting from the catalogue of crimes for which His 
Excellency has arraigned his native State, the affair of the 
Hartford Convention for the subject of my remarks, I do not 
proceed merely under an impression that this is the most hein- 



ous of the charges. Indeed to do justice to the whole speech 
would require a dispassionate retrospect of all the measures 
adopted by the State in the troublous times which succeeded 
Mr. Jefferson's accession to power. For His Excellency covers 
the whole ground of the "long-continued opposition," though 
not intending to include (I presume) his own opposition to 
Jay's treaty and to the measures and character of Washington, 
the object of his later admiration. He accuses the State as 
false and recreant to its federal obligations — as shrinking from 
the danger of battles which other States were obliged to fight 
in its defence, "paralyzing the means and agents" employed 
to shield it from the assaults of a common enemy, and sacrifi- 
cing the "vital interests" of the country to an "unhallowed" 
spirit of party. In short, His Excellency by throwing into one 
dark group the deformities of the factious monster, has pre- 
sented to the world the picture of a degenerate State, resem- 
bling the decayed and rotten republics of which we read, in 
the last periods of their decline. It is true, however, that with 
the pretensions of a skilful painter, he aims to relieve the ob- 
scuro by the claro, and exclaims (in substance) in a sort of 
gubernatorial ecstacy, 

" What though youi- crimes were many and were great, 
"What though they shook the basis of the State !" 

Yet now you have made me Governor, your sins which were of 
scarlet, are made white as snow, and you are readmitted into 
the "American family." "Jam nova progenies coelo demitti- 
tur alto." 

But it certainly is not my peculiar province, nor my inten- 
tion to analyze this extraordinary specimen of an inauguration 
speech — neither am I influenced by a wish that it should do 
His Excellency political harm, nor a belief that it will have 
that effect. The zeal of those who delight in the aliment offer- 
ed to their unextinguishable resentments, and of those whose 
hopes would be blasted by the return of a spirit of general con- 
cord, will always prevail over the passive disapprobation of 
persons of better feelings, who, though supporters of His Ex- 
cellency, condemn his speech. It will therefore, probably add 
to the number of his voters. But in that part of the speech 



which adverts to the Hartford Convention, my associates and 
myself are stigmatized by every designation short of the " appel 
nominal." Circumstanced as I was in respect to His Excel- 
lency, his hearers could not but look about them to see if I 
were present — to see him point his "slow" and "moving" 
finger at me from the top of the ladder to which he had ascend- 
ed. I thus feel myself called upon to answer in behalf of my 
old constituents. My friends will lament on my account, what 
they will regard as a superfluous and thankless task. The sub- 
ject they will be ready to say is already comprehended by all 
who have examined it with a wish for correct information— 
that the superficial wilLnot examine, and that the perverse will 
never own their conviction. Above all that a subject now dry 
and obsolete will find no readers, while the time is pregnant 
wdth questions and events of more urgent and attractive inter- 
est. There is much of truth in these suggestions. The history 
of the Convention and of all the material facts connected with 
its institution and proceedings, have from the beginning been 
in possession of all who have seen fit to consult public docu- 
ments. The story of a plot or secret combination, imputed to 
that body, is regarded as impossible in the nature of things, by 
those who reflect upon the publicity and nature of our modes 
of legislation. And the declaimers and essayists who use it as 
a Phantasmagoria on the approach of an election, cannot con- 
verse together upon the imposture, by themselves, without 
laughing in each other's faces. 

But while all this is undeniable, it is not less certain that the 
history of human credulity affords no example of a more gener- 
al illusion than yet prevails in relation to the origin and objects 
of that assembly. A deep rooted and undefinable prejudice is 
found among thousands whose distempered imaginations resist 
the prescriptions of truth and reason. They choose to believe 
that it was organized at first for some bad purpose, or that it 
spontaneously brooded over some atrocious conspiracy, heresy, 
or schism. Nothing it is admitted was done, nothing publicly 
suggested repugnant to the duty of good citizens. But this to 
these jealous persons only proves that the plot was stifled in 
embryo. Nobody, say they, can shew that the Convention did 
not intend to dissolve the Union or make a separate peace. It 



8 

is vain to reply that it was equally within tiieir power to have 
turned the course of the Mississippi for the convenience of 
General Pakenham; and that the same demand for negative 
proof, would oblige them to stand mute to a charge of plotting 
to blow up Congress with gunpowder, or the President with an 
infernal machine. The "rising generation" it seems too, who 
can hardly be expected to delve into the dry details of legisla- 
tive proceedings, must be taught to believe that the Convention 
was a cabal menacing the integrity of the Union and disgrace- 
ful to the State — its parent. Many honest and zealous indi- 
viduals join in the outcry against this legitimate child of the 
State, as if its crimes could disgrace only half of the family, or 
as if their posterity could always carry abroad the parisli re- 
gisters in their pockets, and escape the dishonor of a traitorous 
pedigree by shewing that their fathers were not among the pub- 
licans and sinners. 

While these idle misapprehensions could be ascribed only to 
the ordinary sources of fiction, to that portion of our editors, 
debaters, tub-orators, and attorneys without cases, who consti- 
tute the " cheap defence" of our nation, there was reason to 
hope that they would expire in time with the embers of those 
passions which gave rise to them ; and like the mania of witch- 
craft, (which in its day was current, with much more plausible 
evidence,) serve merely to show that in a season of discontent, 
the propensity to believe in the marvellous bears an exact pro- 
portion to the incredibility of the tale. But a new aspect is 
now given to vulgar calumny by the Speech of a Governor. 
The discredit of the Hartford Convention is no longer derived 
from the llourishes of electioneering rhetoric or the " tales of 
my landlord." It rests upon what ought to be the best and 
most reluctant testimony — that of a Chief Magistrate bound by 
a sense of his own dignity, and the ties of natural attachment 
to construe in the most favorable sense the transactions of tlic 
people of his own State. This Governor feels himself compel- 
led, to admit and proclaim that the "good name" of the State 
had incurred a "leproach" by a long continued course of dis- 
loyalty, by which it was regarded as excommunicate from the 
"Ameiican family." And this language he hitlds upon an oc- 
casion vshen grateful emotions naturally suggest that of pane- 



gyrlc, when immemorial usage demands that of civility ; and 
when, if ever, the people have a right to expect that the man of 
their choice will cover with the mantle of office their political 
errors. All these enormities he thinks were aggravated by the 
Hartford Convention. Now, when these things, under these 
circumstances, are solemnly said by a Governor, I appeal to 
the candid of all parties, whether it can be proper to let them 
pass "as old wives tales?" How will this affair stand with 
posterity, and what must be the measure of humiliation and 
permanent loss of credit and influence of this State, if those 
members of that Convention who are upon the stage, acquiesce 
in this description of their own times and characters ! We 
see how easily the history of events passing under our own 
eyes is distorted, and the difficulty of forming correct esti- 
mates of the characters and motives of men, and of the origin 
and object of measures, from what is written with professed 
impartiality. 

Hereafter it will be too late to efface the blot made by His 
Excellency upon the historic page, by alleging that his speech 
was intended merely to chime with the slang of the day. It 
will be answered (plausibly though untruly) that the accused 
party in the Legislature quailed under the pungent rebuke 
from the chair, and that the members of the Convention con- 
tinued to be dumb as sheep before their shearer. Will then 
future generations be consoled for the disgrace of the State, by 
the compliment paid to the "rising generation" for having dis- 
avowed the deeds of their undutiful fathers ? Or will not the 
rising generations of this State burn with shame and indignation 
when it shall constantly be thrown in their teeth by the risino- 
generations of other States, that their base blood has crept to 
them through ancestors who silently admitted themselves to be 
stigmatized as outlaws from the "American family!" What 
must be the feelings of the sons of Massachusetts when, on any 
public occasion requiring a statement of her claims, the boast 
of her former deeds shall be met with the reproach of her later 
reci-eancy ? When the spirit which inspired the impulse and 
suggested the emblem of "join or die," shall be contrasted with 
the infatuation that would divide the States; and when the 
glory of that Provincial Congress which shone forth upon th*} 



10 

nativity of the Union, shall be regarded, on the confession of a 
Governor, as extinguished in the obscurity of an authorized 
conclave, whose dark designs, in a time of war, disheartened 
the friends of the country and encouraged its foes. 

These anticipations open a field for observations pertinent to 
the subject that would fill a volume. They are suggested as my 
inducement and justification for appearing before the public, 
but will be pursued no further than to repel the charge and sug- 
gestions in that speech, and to shew that the character of the 
Hartford Convention, whether for good or evil, rests upon the 
broad shoulders of the community, and consequently that every 
friend to the honor of the State, of whatever party, has a deeper 
interest in rescuing both tlie State and Convention from the 
disparagement of "disloyal motives" (be his opinion of the ex- 
pediency of past measures as it may) than he can have in the 
issue of any electioneering tournament, or the downfall of any 
political antagonist. 

II. G. OTIS. 



LETTER III. 

SIR, 

The first position which I mean to establish is this : That 
the project of the Hartford Convention and its proceedings 
were more in conformity with tlie public sentiment of Mas- 
sachusetts Proper, than any measure which had been adopted 
by that State, since the acceptance of the Federal Constitution. 
How stands the proof? In October, 1814, the Legislature con- 
vened in a special session, upon a call from the Governor, for 
the express purpose of concerting measures for the defence of 
the State from her own resources. The meinbers apprized of 
the object, and bringing with them the recent feelings and sen- 
timents of their constituents, raised a Committee of both Houses 
to report such measures as the exigency required. Among those 
was the resolution proposing a Convention. In favor of this, 
after the usual course of proceedings and debate, the vote in 



11 

the House stood — ayes 260, nays 90. In Senate, 22 to 12. 
The vote of the Representatives of Massachusetts Proper was 
226 to 67. In the winter session of the same Legislature, three 
months after the last, (the members having had another oppor- 
tunity of consulting their constituents) the proceedings of the 
Convention were reported, and referred to a Committee of both 
Houses. The report of this Committee is conceived in terms 
of the most cordial and unqualified approbation. The expedi- 
ency of the call of the Convention is reiterated and justified. 
A sense of the " wisdom and ability with which they have dis- 
charged their arduous trust," is expressed. Resolutions "highly 
approving" their proceedings, and recommending provisions for 
giving them eftect, were reported, and this most full and lauda- 
tory report was accepted in the same popular branch by a vote 
of the members of Massachusetts Proper, 159 to 48. In the 
interval between the adjournment of the autumnal and the 
commencement of the winter session, all the harsh and viru- 
lent invective which had been lavished upon the Convention by 
its leading opponents in the General Court, (and which indeed 
was the source of all the prejudice and misconception that have 
since prevailed) was circulated far and near. Nothing was 
omitted to inflame the resentment, awaken the jealousy, alarm 
the fears, and extend the sphere of an eni'aged opposition, and 
conjure up against the framers and members of the Convention, 
a blast of popular fury. But the people were firm, and the 
clamor was unheeded. This is not all. The delegates, who 
were the inhabitants of Massachusetts Proper, as well as the 
persons deputed to Washington with these proceedings, con- 
tinued, from the epoch of the Convention to that of the last 
political year, to receive as ample testimonials of public confi- 
dence as were ever conferred upon the same number of persons 
in the same period. With the exception of two, (Mr. Cabot 
and Mr. Dane, who had long since retired from political em- 
ployment, universally esteemed and honored,) they were con- 
stantly appointed or chosen to distinguished public stations in 
the Commonwealth, (those who have died, having been in office 
to the time of their death.) Throughout the entire period, there 
was no occurrence to justify the belief in any change of the 
popular sentiment in Massachusetts respecting that Conven- 



12 

lion, but on the contrary, every public indication of an ad- 
herence to the same opinions was manifested in the political 
complexion of the government, and in the whole progress of 
affairs. 

From this compendious state of facts, which it would be easy 
to extend, the result is inevitable that the people, government, 
and Convention of Massachusetts were identified, in relation 
to that measure at the time of its adoption, and that as well 
after as before that period, there reigned among the nrnjority 
of the people and their representatives, and the individuals 
who served in the Convention, a more perfect union of politi- 
cal sentiment, than is usually realized for such a length of 
time in popular governments, between the people and their 
public servants. To impute these measures to a faction, is to 
set truth and reason at defiance. The feelings which gave rise 
to them pervaded a majority of all classes in town and country, 
including a very ample portion of those most distinguished in 
every profession and calling, by virtue, talents, wealth, and all 
the qualities which merit and command influence among an in- 
telligent people. This is not at all the history or character of 
faction. The powers of a republic may indeed be usurped by 
individuals, and the rights and the will of the people may be- 
come a prey to the tyranny of three, ten, thirty, or five hundred 
tyrants, without involving them in the culpability of misgovern- 
ment. An oligarchy, or if you please, a junto of ambitious and 
unprincipletl men, may obtain a temporary ascendency in the 
most perfect Commonwealth, by the consent of the people ; but 
unless they retain by force, what they have gained by deception 
or surprize, the people are in fault. But this is not a case of 
usurpation, or of short lived faction, nor of surprize or fraud. 
If the Convention was a measure of political profligacy, the 
people of Massachusetts are either an intelligent people and 
guilty with premeditation — or they are an ignorant people, and 
the dupes were hoodwinked and led by the knaves. 

This latter hypothesis nobody will seriously maintain — Upon 
the former, (which is the hypothesis of the speech,) not only is 
the character of the State dishonored, but the confidence and 
hopes of the votaries of our Republican system are built upon 
the sand. The experiment of a Republican Government can 



13 

never be made with more advantage than it has been with the 
Sions of the Pilgrims. They founded the "American family" 
upon a republican rock at Plymouth. They were republicans at 
heart before their emigration — tlie manners, habits, prejudices, 
and education of their descendants ; their intelligence, state of 
property, and sense of interest, growing out of actual prosper- 
ity, all conspired to render the scene and the circumstances of 
the experiment eligible beyond any which mankind had witness- 
ed. They had realized the mutual protection and advantages 
of a Confederation, forty years together, a century and a half 
ago. If then, the imputations of those who would hunt down 
the Hartford Convention are correct, there must be in republi- 
can government, among the most intelligent and virtuous peo- 
ple, and under the most favorable circumstances, an inherent 
and irreversible tendency to degenerate ; against which, we in 
this western world, shall have in vain provided the checks and 
balances of paper Constitutions. If, for example, the majority 
of a great people of that description in one or more States, with 
ample means of information, and intimate acquaintance with 
public characters, instigated by an unhallowed spirit of party, 
could persevere through many consecutive years, in confiding 
the administration of affairs, to men who, belying characters 
free from former stain or reproach, had become so dead to 
shame, and gangrened at heart, by party -hate, as to "combine" 
to favor the views of a public enemy, by discouraging the 
defence of the country in a war to whose scourge they and their 
children and fortunes were indiscriminately exposed — If, I say, 
the citizens of well balanced republican governments, exerci- 
sing the faculty of annual elections, knowing their men, and 
forewarned of their policy, continued to "heart on" and cheer 
with encouragement, those who (in the spirit of the tenants of 
a penitentiary) would delight in undermining the very founda- 
tions of the Constitution — well might the friends of monarchy 
exclaim, of what value is the parchment citadel ! naturally 
might they consider the cause of republics desperate, and that 
such a state of affairs implied the want, and must be followed 
by the possession on somebody's head, of that "thing which is 
hung up in the tower and shewn to strangers for sixpence," to 
save the people from their own enemies— themselves. 



14 

It is no answer to these suggestions, that the body of the na- 
tion "was sound and that the disease was local. It was in a 
vital part — it was in New England — a part not predisposed to 
such an infection. Besides, S3'mptoms of at least equal malig- 
nity, with less of exciting cause, have been manifested in those 
regions of our body politic which, during the war, were regard- 
ed as the most healthful. When the measures of government 
or any of its departments bear hard upon the predilections of 
the States, most eminently patriotic, (if we take their word for 
it,) we hear a warmer tone of expostulation; and a loud-r note 
of preparation for resistance than was ever sounded by the Yan- 
kee bugle. A Missouri question — a contested claim of juris- 
diction by the Supreme Court — the establishment of a bank, the 
sale of a lottery ticket, or a proposition to modify the tariff, 
produce speeches, resolutions, and remonstrances, in such "bold 
M'ords," as shew a determined spirit of resistance, and would, 
if followed by "deeds as bold," soon break up the "family" 
establishment, and bring down the house itself upon our heads. 

I put it then with confidence to those friends of Republican 
Government, who are not eaten up with prejudices — and to 
such of the "rising generation" as have no disposition to sully 
the grey hairs of their fathers, (in order to obtain an admission 
into the "American family" by His Excellency's back stairs,) 
■whether it be not their duty, and ought not to be their pleasure 
to furnish themselves with the means of repelling a scandal 
which leads to these sinister conclusions. To examine impar- 
tially the history of the period reviewed in the speech — to judge 
from documents which cannot deceive, and from undeniable 
facts, whether there were not two sides to the great questions, 
and especially to that of the war; concerning which, honest 
luinds might innocently difter — to determine in a spirit of can- 
dor, whether the then great federal party might not have sin- 
cerely felt similar apprehensions of danger to the liberties of 
Europe, and of America also, from the avowed principles and 
ambitious strides of the Emperor of France ; to those which 
are now inspired by the demonstrations of the Holy Alliance. 
Whether that danger would be at this moment too remote and 
visionary to justify common precaution, if the despotism of Na- 
poleon, by events (admitted in the speech of Mr. Madison to 



15 

have been out of ordinary calculation) had not been annihilated ; 
and whether opposition to the war did not grow out of a sense 
of that danger ; and anxiety for peace (after that had subsided) 
out of the fear of national bankruptcy (suspended by a hair) and 
of an exhausting conflict without indemnity or redress. Let 
such persons, now that jealousy and pride ought to be laid 
asleep, inquire whether, under this aspect, the opposition was 
not perfectly natural, and whether under the adverse events of 
a protracted war, (had it continued) it might not have appeared 
that more of reason was on its side. Let them also consider 
how far its objects have been obtained and the predictions of 
its opponents accomplished. 

To those who are not afraid to commence and pursue such in- 
quiries, with a view to truth alone, a momentous question is pre- 
sented. On what ground do the interest and honor of the State 
(which by the supposition that the Republican party has the as- 
cendency, is their interest and honor) require them to place the 
late opposition ? must it be on that of "unhallowed" party feel- 
ings, on insensibility to the honor and danger of the country — on 
disaffection to the Union and traitorous combinations ? or is it not 
sufficient for all the fair and honorable objects of party to ar- 
raign the wisdom, policy, and expediency of the system pursued 
by those who had influence with the people under former ad- 
ministrations, and for those reasons only to transfer, if they see 
fit, their confidence to those who with them were opposed to 
the old order of things. This may be done without discredit to 
a State, and no man is entitled to expostulate or complain. 
The people may change men whenever a revolution happens in 
public opinion respecting men or measures. Let the change 
happen, if you please, through a real persuasion of its fitness, 
through a fondness for rotation in office, through the charm of 
new talents or new faces, nay, even through caprice, or any of 
the causes which operate upon the man or the million. All this 
is unobjectionable, because it is in the natural course of things, 
but when it shall become the settled habit of our Governments 
for those who come into power by the suff"rage of the people, to 
launch forth in revilings of those who go out, we shall exhibit a 
miserable spectacle of liostilc factions, like those which brought 
the republics of ancient and modern times to ruin. Men ol 



16 

principle and talent will not devote their lives to the study of 
the "Commonwealth's att'airs," with a certain anticipation that 
upon every change of public opinion they are not only to lose 
place, (which they ouglit to expect and be reconciled to,) but 
character also. The powers of government will then fall suc- 
cessively into the hands of tliose who will deserve all the ill 
they can say of each other, and who will indemnify themselves 
for the loss of the little reputation they have at stake by turning 
through their sterile grounds, the streams which flow from the 
public treasury. Every man will have a price for himself and 
his relations — every place its perquisites, to the profits of which 
the prices in the statute book will afibrd no clue. While the 
high minded and disinterested will seek in disgust the shade of 
private life, and leave the republic to its fate. 

H. G. OTIS. 



LETTER IV. 

SIR, 

In this " era of good feelings," the propensity to forget being 
entirely on one side, it may be necessary to refresh the memory 
of the once "disloyal," but now penitent majority of Massachu- 
setts, by quoting the specimen of tlie sublime and virulent, 
wherewith it has pleased His Excellency to chastise them for 
their former offences. These are his words : 

"The long continued opposition to tlie federal government, but more 
especially the measures pursued in this State during the eventful and critical 
period of the late war — the witliholding from the general government the 
constitutional means of defence — the paralyzing influence exercised over the 
means and agents of that government, which occasioned double sacrifices 
of liff and treasure ; while tlie citizens of other States were exerting thei<" 
utmost energies against a conunon enemy ; when a gallant army and navy 
were coveiing themselves with glory, and retrieving and establishing, on an 
imperishable basii, the national character, on the ocean and on the land; at 
this portentous crisis, wlien our libeities and independence were at hazard, 
an iMiliallowed spirit of party was permitted to prevail over the vital interests 
of tii«! country — an authorized combination was formed, and meetings heid 
in a neighboring State, which, w hatcver may have been its professed object, 



17 

had the certain effect of encouraging the enemy, of discouraging and impairing 
the means and resources of the country, and of alienating the minds of the 
citizens from that "unity of government," which, in the emphatic language 
of WASHINGTO^f, "constitutes us one people, — is the main pillar in the edifice 
of our real independence, the support of our tranquillity at home, our peace 
abroad, of our safety, of our prosperity, of that very liberty which we so 
highly prize." These measures and this course had cast a repjroach on the 
good name of the State, which is now disavowed and removed. Massachusetts 
is at length restored to the American family. Her character is redeemed in 
the estimation of the patriots of our own country and of every statesman 
in Europe. The rising generation, who could have had no agency in this 
disloyal course, appear to have taken an honorable and an earnest interest 
in its disavowal." 

The cruelty of this bitter invective is aggravated by those 
characteristics vi'hich distinguish calumny from legal accusa- 
tion. By an absence of all specification of time, place, and 
circumstance, and by the indiscriminate phraseology of the pub- 
lic tribunal, which condemned to the guillotine "those suspect- 
ed of being suspicious." 

It is an advantage enjoyed in the military and naval service, 
that those who are charged by the voice even of rumor, with 
deviation from duty, can cause to be instituted such inquiry 
into their conduct as will compel their accusers to specify or 
to abandon their charges. But for those who serve the State 
in the civil department, no such recourse is provided. They 
are at the mercy of every popinjay who can throw a squib or 
discharge an air gun from a garret window — of editors who 
pander for the bad passions of party — and for rivals who hum- 
ble themselves to imitate the starlings and "halloo Mortimer," 
instead of giving an elevated tone to the public sentiment, in 
which all men of high minds, even of their own party, would 
be glad to harmonize. 

Although in the foregoing quotation, the Governor has embo- 
died the substance of all the insinuations of hostility to the 
Government, on the part of Massachusetts and the Convention, 
which have been wire-drawn through endless speeches, essays, 
and volumes, he has not alleged a single fact susceptible of a 
direct issue. His nearest approach to precision is in the impu- 
tation of certain effects which he avers to have been the result of 
the Convention. These eiFects are : — First, encouragement to 
the enemy. Second^ discouragement of the country, and im- 
3 



18 

pairing its moans and resources. Third, alienating the minds 
of the citizens from the unity of government, &c. Now admit, 
for a moment, (what shall be disproved) that these "effects" 
had followed the institution or the proceedings of the Hartford 
Convention, they would not, unless in connexion with its avow- 
ed intentions and actual misdeeds, furnish any just ground for 
questioning its patriotism and integrity. On the contrary, its 
pretensions to these attributes are demonstrable beyond all pos- 
sible doubt, by those rules of evidence which are founded in 
the principles of eternal justice, and by which alone we can 
fairly estimate the motives of men and the objects of associa- 
tions. Nobody will deny that consequences often enable us to 
form a judgment of intellectual endowments, of the wisdom of 
schemes, and of the sagacity and foresight of their projectors. 
But the only standard of intentions is words and actions taken 
together. 

It would be then, a simple and conclusive answer to every 
calumnious aspersion of the Convention, that it was, correctly 
speaking, a war measure, rather than a peace measure — It was 
one of a scries of propositions for raising men and money for 
public defence. And if its proceedings Avere confirmatory of 
that profession, it is not responsible with its character, for any 
sinister consequences which incidentally followed. 

Apart from this doctrine, neither individuals, or societies, or 
goveinmcnts can find protection from calumniators in and out 
of office. He who makes a profession of religion, and whose 
%vhole life is devoted to the observance of its ordinances and the 
practice of its duties, may be branded as a hypocrite. He whose 
example is a mirror o-f all the moral virtues before men, may be 
charged with retiring from their bus}^ haunts with a purpose of 
solitary intemperance. Societies for propagating the Gospel, 
may be charged with the secret design of disseminating the Age 
of Reason. Bible societies mav be accused of an intent to brina 
the Scriptures into disrepute — and the society for Foreign Mis- 
sions, of aiming to establish the influence and empire of this 
world, like tiieir predecessors, the Jesuits. Just as the early 
Christians were actually denounced by the Governor of Bythin- 
ia, (whose politeness, if he had held his office from their choice, 
would probably have spared them the outrage,) for holding Con- 



19 

Tentions of the most dangerous tendency, though the only pro- 
fessions made by them, were of the sublimest morality to which 
their lives were conformable, and their only overt acts of trea- 
son consisted in singing hymns and doing homage to the Saviour. 

It seems strange that a fundamental rule, by which our con- 
duct in all the ordinary transactions of life is governed, should 
require illustration ; that in the affair of the Convention, their 
own words and acts, which are the only test of character, should 
be disregarded, and that they should be charged with promo- 
ting tendencies to disunion which it was their avowed inten- 
tion to counteract, and against which, their proceedings are a 
formal protest. 

As a disregard of this plain rule is the cause of all the misap- 
prehension ; let us try it by another case. It was predicted of 
Mr. Jefferson's administration, and conscientiously believed, 
that it would prove fatal to the funding system, and detrimental 
to our religious institutions ; that it would endanger the Consti- 
tution and sacrifice the public peace to foreign partialities. But 
upon his accession to power he promulgated principles favorable 
to the support of public credit and of the Constitution, and 
avowed the strongest attachment to a system of neutrality. 
The measures of his administration were ostensibly adapted, 
and by him and his friends avowed to be intended to conform 
to this exposition of his creed. His opponents however thought, 
and probably still think, that the tendency of his system was to 
an opposite end. Public credit was however cherished — no di- 
rect violation of the Constitution (the repeal of the Judiciary 
act, concerning which, there are two opinions, excepted,) was 
encouraged, and the peace of the country, though often endan- 
gered, was preserved during his time. Is it not then regarded 
by the friends of that administration as flagrant injustice, as 
well as indecency, to return to the old charge ? to insist that 
what he said and did while he was at the helm, shall be ac- 
counted for nothing ? that he nevertheless harbored a secret un- 
friendliness to the Constitution, and panted for a British war? 
And in affirmance of tliese allegations to adduce the incautious 
speeches, and intemperate essays, of anonymous writers of his 
party, and the violent, indecorous, and extravagant language of 
the public newspapers that were enlisted in his support, and the 



20 

editors of which were said to be under his special patronage? 
This is a course pursued by no fair adversary at this day. A 
conviction of the impolicy of that administration is still deeply 
rooted in the minds of many, but base and unconstitutional views 
are imputed to it by none. It stands upon the foundation of its 
own history. Not so the Hartford Convention. In their case 
the appeal is made in vain to profession and practice, to wit- 
nesses and records of their own transactions. The feast which 
malignity and credulity are invited to make at their expense is 
composed of scraps from newspapers, and Olive Branches, and 
stump orations — a gallimaufrey, which, after feeding multitudes, 
is simmered down by His Excellency into a portable sauce pi- 
qiiante, for the Senators and Representatives to take home to their 
"American family" dinners. Proceeding still on the supposi- 
tion (for the sake of argument) that these "effects" on the friends 
and foes of the country were realized ; it follows conclusively, 
that if nothing to authorize them was countenanced by the Con- 
vention, they must have been the fruit of impressions made by 
misrepresentation. It is then, an abomination in the Directors 
of the Party Mint, to stamp the name of the Convention upon 
their base coin, instead of their own image and superscription. 

Beside these considerations, it would be quite pertinent to 
insist, that in a time of war, those who are dissatisfied with a 
continuance of hostilities, and who desire a return to a pacific 
policy, are not to be gagged, lest the disclosure of their senti- 
ments should encourage the enemy. At least, this was the 
creed of Chatham, when he thanked "God that America had 
resisted." Of this persuasion was the republican party, during 
our short war with France. Of the Whigs in England, before 
the peace of Ryswic, and of the Tories, when they compelled 
the peace of Utrecht. There is, first or last, a peace party in 
all free governments, and they will speak fearlessly. This 
party was formidable, and respectable and audible from the be- 
ginning of the war between England and France until the peace 
of Amiens, in the British Parliment. It was a Peace Party 
whose opposition to the invasion of Spain, found favor in this 
country, and the late Mr. Dexter, eloquently observed, that 
the friends of peace have sometimes no alternative but to speak 
loud, at the risk of being overheard by the enemy. It is inevi- 



21 

table In all wars that an enemy should place some hope in the 
known disposition of the party desirous of peace. But it has 
little or no effect upon his plans of operation ; and if through a 
reluctance to encourage this hope, all should forbear to recom- 
mend a pacific policy, wars would be eternal, as was the case in 
the Grecian Republics, where exile or death frequently await- 
ed those who dared to oppose their predominant frenzy for the 
tented field. 

These remarks would be strictly in point, if in consequence 
of the Hartford Convention, (though a war measure in itself) 
being a measure of the Peace Party, the result had been, through 
a misapprehension of its views, to encourage the enemy and dis- 
courage the friend. But it so happens, that they are not all es- 
sential to the vindication of the Convention, from a responsi- 
bleness for the "certain effect," by His Excellency, referred to 
that source. Because His Excellency is mistaken, and no such 
certain effect ever took place. 

H. G. OTIS. 



LETTER V. 

SIR, 

The Hartford Convention, though irreconcilably opposed to 
the origin and conduct of the war, and most anxious for peace, 
was nevertheless, as I have asserted, professedly and truly a 
Council of War; created to make a more effectual provision 
for the public defence. It is inconceivable by what force of 
imagination it could have been, in any possible event, said to 
produce the "certain effect" of discouraging friends, or encour- 
aging the enemy. Still, had it been true in fact, that these ef- 
fects had been produced by any cause whatever, there would 
have been the same difficulty in disproving His Excellency's as- 
sertion, which is always incident to what is termed in log' 
proving a negative. We must have rested on the natura 
credibility of the fact — on the impossibility of any con' 
between such a cause and such an effect — on the tendenc- 



22 

cause to produce an opposite effect, and in a word, upon the total 
destitution of proof on his part. But the true and conclusive 
reply to this direct assertion of the speech (already given) is, 
that between the time of the institution of the Hartford Con- 
vention and the end of the war, no such "certain effects" as are 
mentioned, took place. No such events happened — no instance 
can be adduced demonstrative of increased confidence in the 
enemy, or of depression in the defenders of the country. The 
very reverse of all this may be established by the history of that 
period. The appalling occurrences of the war, all happened 
frior to the era of the Convention. Before that time the ene- 
my had hovered over and threatened the coast from Maine to 
Georgia. They had made descents in many places, ravaging 
them with fire and sword. They had marched almost without 
molestation to the metropolis of the Union, and destroyed with 
Vandal hands the public buildings. Never was the aspect of 
our affairs more perilous, the attitude of the enemy so menacing, 
his pretensions so lofty, and the discontent with the measures 
of government so feverish among the people of Massachusetts, 
(though always loyal and alert for measures of defence,) as in 
the season immediately preceding the organi'z.ation of the Con- 
vention. It was this posture of affairs which induced the Ex- 
ecutive of Massachusetts to convene the Legislature, and which 
suggested to that body, the expediency of a Convention, among 
other resolutions providing defensive measures. The Legislature 
was summoned in September, 1814. The act instituting the Con- 
vention, passed in October folloAving. The Convention was in ses- 
sion from the 15th of December in that year, to the 5th day of the 
next January. Throughout this entire period, and thencefor- 
icard to the termination of the war, not a new project was form- 
ed, nor enterprize commenced, nor new pretension advanced, nor 
advanta"-e of any moment gained by the enemy. On the other 
hand, to this same period, (dating from the act establishing the 
Convention) may be referred, a more united disposition in the 
people to prepare the means of protracted resistance, not indeed 
from ac(iuiescence in the hostile policy which occasioned the 
war, but from a persuasion of its being the only mean of safety. 
\nd it may be truly affirmed that no period of the war was dis- 
iiiguished by so much of military vigor and brilliant success. 



23 

and so much of unity in the national feeling on the part of this 
people; and so palpable a lowering of tone on that of the enemy, 
as that immediately following the sittings of the Convention. 
The President of the United States at this time, appears to have 
entertained no apprehensions from the disaifection of Massachu- 
setts, or of New England. In the same month of September, 
in his Message, he expatiates upon the undaunted spirit which 
pervaded the nation, upon the heroic and enlightened patriotism 
of their constituents, and upon the promptness and alacrity 
*'every where" displayed in sustaining the public burdens. The 
expedition against New Orleans (as was justly apprehended by 
our Commissioners at Ghent, and foreseen by our Govei-nment) 
was doubtless planned in the British Cabinet at the commence- 
ment of the campaign, and perhaps could not have been aban- 
doned by the commanding general. Yet if the tendency of 
the Hartford Combination had been to encourage the enemy, 
one would expect to see this "eftect" realized in those States or 
their neighborhood, which were the seat of disaffection. The 
enemy were certainly bound to be in readiness to make some 
demonstrations, in the way of co-operation with their Hartford 
auxiliaries. But this encouraged enemy, though apprized by 
public documents of the project of the Convention, transferred 
altogether the prosecution of hostilities to the extreme South, 
whil^ our discouraged brethren in that quarter, with the same 
information, continued to prepare with vigor for the defence of 
New Orleans; and Jackson obtained his splendid victory on 
the day when he had every reason to conclude that the Conven- 
tion was in session. From the address of that general to his 
victorious troops, recui'ring to the whole series of military ope- 
rations, from September to January, it is apparent that the "zeal 
and alacrity" of the people and of the military of all that region 
could not be surpassed. And his congratulations and encomi- 
ums upon the spirit and unanimity in which every symptom of 
disaffection had been merged, were expressed in the most glow- 
ing and unqualified terms. In a word, all the operations of the 
war, from the time of the first public mention of a Convention 
to the termination of hostilities, were carried on in the South, 
They were likewise of a most encouraging complexion. 

To what other region shall we look, for the "certain effects," 



24 

attributed to the combination ? Let us for a moment, take a 
peep into the British Cabinet and observe there the effects upon 
its policy. If we find that administration, instead of presum- 
ing upon hopes inspired by the known existence of the Hart- 
ford Convention, and rising in their terms of peace, in antici- 
pation of its depressing influence upon this country ; actually 
descending from their high ground, and conceding in negotia- 
tion, points of which they had formerly been tenacious, the 
inference is irresistible that the "effects" of that formidable 
association, were not such as to elate the hopes of the British 
ministry. This then seems to have been the actual course of 
events. The correspondence of our ministers at Ghent disclo- 
ses the fact, that m the same month of October, (when the pro- 
ject of the Convention then recently convened and agitated 
could not have been known in Europe,) the tone of the British 
negotiators was such as forbade the hope of terminating their 
discussions by an amicable treaty. Their demands bore the 
stamp of a most presumptuous confidence. While they requir- 
ed stipulations for dismantling the forts on our frontier and 
discontinuing our naval armament on the lakes without any 
corresponding concessions on their part, tliey also insisted (as 
a sine qua non,) upon the actual dismemberment of our terri- 
tory, by a reimnciation of jurisdiction over an immense region 
in favor of their Indian friends, and upon an admission of the 
latter as parties in adjusting the terms of peace. Such was the 
forbidding aspect of the negotiation, and the arrogance of the 
British pretensions, at a time when they could bij no possibility 
have heard of any such measure as the project of the Hartford 
Convention. But in December they must have been well in- 
formed of the fact, that such a Convention would be held ; of 
the time of its intended meeting, and of the views ascribed to 
it by its opponents ; — yet far from presuming upon, and w^aiting 
only a few days for an issue favorable to their wishes — for the 
work of disunion to be consummated — they at that moment ac- 
tually abandon their high and inadmissible pretensions, recede 
from the sine qua non, and (although they undoubtedly calcu- 
lated that New Orleans had fallen) they concliuled a treaty of 
peace conformable to the instructions of our government. This 
fact alone is conclusive in disaftuinance of the conse(iuences im- 



25 

puted to the Convention by His Excellency — but independently 
of all these remarks, it is sufficient that any just and candid 
person by reverting to general considerations must perceive and 
admit that no blame in this particular could attach to the Con- 
vention. The only incentives to an enemy, that could have 
grown out of the Hartford Convention must be found either in 
its avowed objects, its actual proceedings, or in the suggestions 
of the fears, jealousies, or malice of its opponents. But its 
avowed object, as described in the act of its creation, was "to 
unite in the most vigorous measures for defending the State 
and expelling the invader," "laying aside all party feelings 
and political dissentions." Its proceedings speak for them- 
selves the language of patriotism and union, and contain the 
distinct project of a vigorous system for defence, and for the 
eftect of timidity, jealousy, or malignity, they could not be re- 
sponsible. Had the Legislature called upon His Excellency 
for documents to justify and support his allegations of "certain 
eiFects," he must have found himself embarrassed under a total 
destitution of that evidence, which alone, a Chief Magistrate, 
consulting what is due to his own dignity, should make the 
basis of his communications. If, indeed, the invasion of this 
State and of Connecticut — the assaults upon Eastport and Cas- 
tine, Belfast, Scituate, Wareham, in the former, and Petipauge 
and Stonington in the latter, had been cotemporaneous with, 
or immediately followed the project of the Convention, there 
might have been some faint color, for the presumption that 
the enemy were encouraged to make these onsets in the belief 
that the measure was indicative of a spirit of disaflfection of 
which advantage might be taken. But even then, the fault 
would have been in the painters and not in the model. But 
these hostile incursions preceded the Convention. They were 
of a nature to excite alarm, to produce detestation and resist- 
ance ; to allay the flame of party, to awaken a sense of com- 
mon danger and a concert of common counsels among States 
bordering on each other and exposed to similar hostile visita- 
tions. They had that "effect" and none other. It is impossi- 
ble that an enemy could have calculated upon any other, and 
it will be with posterity, only an additional instance of the 
blindness and ujicharitableness of party feeling, that the reverse 
4 



26 

of this eft'ect should have been ascribed to that association* 
Those of the rising generation, whose curiosity prompts them 
to investigate the causes which damped the ardour of their 
countrymen, and stimulated the enterpriz,e of the enemy, must 
look far bcliind the Hartford Convention. They must raise the 
veil which those who rejoiced in the salvation of their country, 
by a period put to the war, have been Avilling, its promoters 
should drop over the egregious errors which marked its com- 
menccuient. Many of these causes may then be discerned in 
the declaration of war itself by one half of the country, in the 
total improvidence of means and preparation for such an event, 
and the absence of the commanding talents in the War Depart- 
ment whicli could in any measure, by the creation of resources, 
counterbalance the evils of this precipitancy — in contriving so 
to manage matters, as to enable the enemy on the frontier to 
get the first intelligence of the war and capture an important 
post before its defenders were apprized of the event — in a plan 
of operations, which is the standing jest and wonder of all mil- 
itary men, adopted under His Excellency's auspices, by which 
Canada was assailed in the point to which those entrusted with 
its defence, whether French or English, had always endeavored 
to transfer the seat of war — in marching our forces to the inter- 
minable wilderness to breathe a vein in the little finger of the 
enemy instead of pushing directly for his heart. Thus expo- 
sing whole armies to be captured and scalped in tliis Ultima 
Thule of the civilized creation, where success would have been 
of little avail. In the deplorable waste of the "materiel" of 
war and subsistence and its transportation, through places, over 
vhich the ''foul fiend" had been the only pioneer, at an ex- 
pense exceeding the intrinsic value of the lading. These and 
the disasters of the two first campaigns, together with a strong 
impression of the hopelessness of the contest, had doubtless the 
"certain effect" of depressing the spirit of the country. But 
even these dangers were considered insignificant in comparison 
with another. The despotism of Napoleon at the commence- 
ment of our war overshadowed FiUrope. And it was the sober 
and deliberate persuasion of many of the firmest and wisest 
patriots, in every part of New England, that the extension of 
its baleful inlluencc to our country would be promoted, by a 



27 

war with his enemy, leading to an alliance (at least de facto) 
with the tyrant himself. 

These considerations doubtless produced a deep sensation, 
and strong desire in this people to abide by the armistice made 
between Generals Dearborn and Provost soon after the com- 
mencement of hostilities, and afterwards to embrace the terms 
of peace offered through Admiral Warren. When these terms 
(which, as was anticipated, and as the event has proved, were 
as favorable as there was a prospect of ever obtaining) were re- 
jected ; no doubt a bitter feeling of regret and resentment elec- 
trised the people of Massachusetts, who had just taken the gov- 
ernment from the hands of the war party. They posted in all 
directions to meetings of their primary assemblies, and the 
voice of opposition to the policy of the war, like peals of inces- 
sant thunder, echoed from every point of the compass. It was 
instinct, and not influence which produced the universal desire 
to compel the administration to reconsider and accept at that 
period, those terms which after two years and a half of hard 
fighting, they boast as a merit of having obtained. 

Tills hope however, was exceedingly enfeebled by subsequent 
events. Although the gratifying sense of security to the liber- 
ties of the country, in the downfall of Bonaparte, outweighed 
the dread of danger from the continuance of the war, yet it 
could not be disguised that this danger had become more seri- 
ous, from circumstances which increased the confidence of the 
enemy ; and that, probably, the administration had suffered to 
escape the favorable time for negotiating peace. It became 
then, the duty of the people to prepare to meet a foe whose 
means of annoyance were augmented on their own coasts, and 
at their own home. On none but God and herself could New 
England rely for succour — yet her principal States, simply for 
entertaining a constitutional doubt, (in a new case) authorized 
by the Judges of her highest tribunal, (whose ermine was as spot- 
less as their talents were great) were considered as outcasts 
from the "American family;" and for concerting the means of 
defending themselves from the catastrophies of Havre de Grace, 
Alexandria, and Washington, by an array of their own sons, 
thev are charged with authorizing "combinations ;" and thft 



28 

portraits of Strong and Cabot, and Treadwell and Goodrich, 
and West, are placed in his Excellency's collection, by the 
sides of those of Cataline and Cethegus, 

II. G. OTIS. 



LETTER VI. 

"I do not know the method of drawing iip an indictment against a whole 
people. I am not ripe to pass sentence on the gravest puldic bodies, en- 
trusted with magistracies of great authority and dignitj', and cliarged with 
the safety of their fellow citizens upon the very same title that I am. I re- 
ally think that for wise men, this is not judicious . for sober men, not decent: 
for minds tinctured with humanity, not mild or merciful." 

Burke's Speech on Concilialion with America. 

SIR, 

It has, I trtist, been successfully demonstrated that the in- 
stitution and proceedings of the Hartford Convention, whatever 
were its objects, were attended with no detriment to the nation. 
Certainly none for which the State or Convention are responsi- 
ble. I will, in the course of this letter, attempt to arrange the 
multitudinous charges included in the speech, under such gen- 
eral heads, as may enable me to refute them without a particu- 
larity of detail, that would forbid the expectation of engaging 
the attention to a subject, upon which more are ready to decide 
than are patient to examine. 

To those, however, who wish for a short answer, and to all 
who are the professed advocates of State Rights, the suggestion 
ought to be conclusive — that the charge of a "combination" as 
preferred against a Free and Independent State, or its consti- 
tutional Government, or (which is the same thing) its approved 
Agents, is in itself preposterous and not predicable of such a 
State. 

There can be no limitation, but its own discretion, to the 
right of each of these United States, to consult with any other 



29 

state, upon subjects of joint interest, and upon the nature and 
extent and the mode of performing its duties to the Union, as 
also upon the means of causing those due to itself to be respect- 
ed. It may be very inexpedient to exercise this right upon light 
occasions — but of this the State must of necessity be exclusively 
the judge; and neither can it nor its agents be justly chargea- 
ble with any species of offence for holding such consultation, 
the power to do it having never been relinquished, and conse- 
quently being reserved to the State. 

If Mr. Burke had lived in these times, he would have been 
relieved from the difficulty which he found in drawing up an 
indictment against a whole people by the precedent now afford- 
ed. He would have also learnt, that a whole people, (not mere- 
ly subjects of a colony, but constituting an Independent State) 
might be guilty of a "combination" — and what must have ap- 
peared to that great man, a more extraordinary novelty, would 
have been the discovery that the passing of an act by a Legis- 
lative Body with open doors, the appointing of a Committee 
for a constitutional inquiry into the state of public grievances, 
and the sitting of such Committee with closed doors, were ipso 
facto, withou any overt act or proof of evil intention, evidence 
of such combination ; notwithstanding the result of such private 
deliberation, should, when published to the world, be free from 
all color of criminality. It is not believed that Mr. Burke, 
from the exhaustless storehouse of his memory and with his 
unwearied patience of research, could have produced a narra- 
tive of any plot or combination, real or fabricated, which had 
excited a public sensation and obtained credit, (and there is no 
history of a war, foreign or domestic, without one) that was not 
countenanced by evidence true or false of some fact, proving 
either intention or overt act. In those periods of English his- 
tory when the scaffold has been drenched with blood shed in 
punishment of constructive treasons, the imputed crime was al- 
ways fixed by evidence of some act deemed criminal in law, 
upon the accused party. At one period, writing was consider- 
ed as an overt act — (scribere est agere :) but even then, the 
public accuser was held to prove that the criminal matter was 
in the hand writing of the culprit. Until this point was estab- 
lished, Sydney could not be sacrificed upon account of writings 



30 

iound in his closet. The Popish Plot, the standing reproach 
of the credulity and bigotry of a great nation in an enlightened 
age, was attempted to be substantiated by perjured witnesses, 
testifying to falsehoods in the form of facts. Had there been 
no allegation of facts whatever, nothing but a mere outcry of 
plot, popery, combination, without a pretext of fact to uphold 
it, that imposture would not probably have run like wildfire 
over England. 

In the days of witchcraft and demonology, the victims to the 
prevailing delusion were not hanged, without a charge of some 
magical or infernal act done by them, and proved by at least, 
one witness — somebody was pinched or tormented — the color 
laded — the flesh rotted — the speech failed, or the senses were 
benumbed. The weird sisters or brothers were always proved 
to the satisfaction of the jury, to have occasioned a "toil and 
trouble" in some mode or other. It w'as not essential to have 
a very clear conception of their metempsychosis, or mode of 
travelling through the air, or process of incantation — but still 
there was a formal accusation of witchcraft, and witnesses to 
prove it. 

The Hartford case out-herods all these. The accusers are 
agreed, neither in regard to the offenders, nor the crimes. His 
"Kxcellency includes in his indictment, first "the State" — next, 
the Legislature who authorized the "combination," and of course 
the combination itself. Others (wn-iters from whom His Excel- 
lency catches his enthusiasm) aftect to discriminate between the 
whole body of Federalists in the Legislature, and the few who 
were supposed to draw the "Leviathan with a hook." Some 
regarded all the members of the Convention as in "pari delicto." 
Others pick out the speckled birds by their own sagacity. One 
essayist of distinguished prolixity, who is thought by his parti- 
sans to have exhausted the subject, acquits the members from 
Connecticut, (as I am credibly informed, having never read his 
numbers) because they were restrained by their instructions 
from disloval enterprises against the Union; — but condemns 
those ol JIassacliusetts, whose instructions (doubtless not then 
read by him) ivere of the same tenor. 

In Essex, tlic established character of Mr. Dane for moderation 
and probity being in their way, the Salem papers excepted him 



31 

from the general charge, and admit that he consented to serve 
in the Convention, merely to contx'ol the evil propensities of 
others. 

This attempt in Essex, to make converts of the "rising 
generation" by excepting Mr. Dane from the conspirators, re- 
minds me of an anecdote in the memoirs of Madam de Main- 
tenon ( I think) which I quote from memory. A young lady of 
the Huguenot pursuasion, was compelled to become a Catholic, 
and it was required of her, to admit by subscribing the accus- 
tomed formalities, that the Protestants were all doomed to eter- 
nal perdition — as this included most of her friends, she resisted, 
but finally agreed to give over all but an excellent aunt to whom 
she was devoted — and the Confessors were oblig-ed to let her 
give in her adhesion to the Romish Church, with an express 
reservation that her aunt was not to be included among the 
castaways. 

There is as little of consistency in tlie offences imputed, as 
of agreement respecting the culprits. The sticklers for the/rge- 
doiii of the press and the opposers of sedition acts go far beyond 
the maxims of law, which our English ancestors in the days of 
the third Edward found intolerable. They strain points, which 
were not thought tenable by the legal assassins of Algernon 
Sydney. They will have it, not only that speaking and wri- 
ting against the war-measures of an administration are misde- 
meanors and acts of moral treason, but that one man's writing 
and speaking is evidence of treason in others ivho are of his 
political party. They hold the Legislature and Convention 
responsible not for what appears in their own records, but for 
all the ebullitions of zeal and resentment which burst forth 
from all quarters of the State and of New England against the 
war — for the noise and threatenings of the "drums ecclesiastic;" 
for the animated remonstrances of the county and town meet- 
ings, expressive of the regret and indignation of an astounded 
people ; — for the impassioned and frequently inconsiderate 
essays in the public papers, in which individuals of all classes 
proclaimed their fears of the " variety of wo," which impended 
over the country. All these symptoms of discontent, in a nat- 
ural course of events agitating a people bitterly averse to the 
war policy, and finding vent through the usual and safest ave- 



32 

nues of public opinion, have been laid to the charge of the Con- 
vention by ivhose instrumentality, they were in truth not encour- 
aged but attempered. The opposition to these war measures 
though confined to words is viewed as equivalent to overt acts 
of aid to the public enemy; and the fashion has been that 
tvhencesoever they proceeded, the Convention from whom tiiey 
did not proceed, must sustain the odium attached to them. 
Thus while, agreeably to the fundamentals of our Constitution, 
no man can be held to answer for even a petty larceny, till the 
same be formally described j the best citizens may be held up to 
the execration of their country and the world upon the ram- 
bling suggestions of a Chief Magistrate and the echo of his 
friends. 

It is this chaos of accusation which those who would reply to it 
must reduce and mould into some manageable shape. Although 
I know nothing of the calumnious writings against the Conven- 
tion which have appeared the last year, except from the occa- 
sional remarks in answer to them which have chanced to fall iu 
my way ; I am satisfied that the authors though equal in the 
qualifications of malignity and arrogance to their predecessors, 
are entirely deficient in pretensions to their talents for fabrica- 
tion and sophistry. Nor can they have added any new matter 
to the idle and oft repeated medley of discordant slanders — or 
done more than bedizen, the stories of other times, with the 
trumpery of their own bad taste. I therefore proceed on the 
presumption, that whatever has or can be urged against the 
Hartford Convention, or its creators, must be included in some 
one or more of the following propositions : 

First. That the resolve of the Legislature instituting the 
Convention, was upon the face of it, unconstitutional. 

Second. That if not unconstitutional in terms, its makers 
intended under cover of it, to attempt some object adverse to 
the Constitution or laws of the Union. 

Third. That admitting the Legislature to be innocent -n 
act and intention, the Convention were nevertheless guiltj^ in 
one or the other of these respects. 

Fourth. That the whole procedure was in any event in- 
pxpedicnt. 

To those who feel a sufficient interest in the subject to pur- 



33 

sue the inquiry, I trust the following suggestions will appear 
reasonable : 

1st. That every reader desirous of correct information is 
bound either to peruse the legislative proceedings which origi- 
nated and followed the Convention, as well as the report of the 
Convention itself, or take upon credit the substantial accuracy 
of the brief quotations and statements that shall be made of 
their contents. 

2d. That every reader will in like manner, either acquaint 
himself with the contents of the Private Journal of the Conven- 
tion, of which, the original is in the office of the Secretary of 
State of Massachusetts, and copies of which, were published 
last Spring in the Boston newspapers, by reading the same, or 
give credit to the assertion, that it contains nothing repugnant 
to the public report. 

I also advance the following distinct facts as incontrovertible : 

That the Legislature of Massachusetts, during the war, pas- 
sed no act or resolve whatsoever, authorizing obstruction to the 
due execution of the laws of the United States. 

That the language of opposition and disapprobation of the 
national policy expressed by that Legislature in those proceed- 
ings which are regarded by their opponents as most objectiona- 
ble, is coupled with strong and uniform assurances of attach- 
ment to the Federal Union. 

That the Executive Government of the State is equally un- 
obnoxious to the charge of any act of opposition to the National 
Government. 

That the omission on the part of that Executive Government 
to comply with the requisition of the President of the United 
States, was confined to one particular. It was a refusal to 
place the militia at the control of a Prefect sent without an 
accompanying force to take command from the hands of the 
Governor. It was given upon the faith of the opinion of the 
Judges of the Supreme Court, his sworn advisers, upon a con- 
stitutional question. The incompliance extended only to the 
form and not to the substance of the requisition. The duty re- 
quired was performed, fully and faithfully. 

I submit also, the following opinions as deducible from a«- 
5 



34 

knowleilged principles and facts which command the assent of 
impartial ju(l<jment : 

That the Legislative and Executive Branches of the State 
Government, and the Hartford Convention, are amenable for 
their own acts alone — and not for sentiments expressed by 
others, under any circumstances whatsoever, whether from the 
pulpit or the press, Avhether in writing or speaking. 

That the property, real and personal, of the advocates and 
su])portcrs of the measures of those States which patronized the 
Convention, was held by them in a proportion, at least com- 
mensurate with their numerical majorities : That their inter- 
ests in the public funds, and the immense capital of banks and 
other institutions connected with them, probably much exceed- 
ed that proportion : That their character as men, and citizens, 
and friends to the Federal Union, from the beginning would 
fairly compare with tlmse of their opponents. 

That a secession from the Union, would have been attended 
probably with a civil war, certainly with a prostration of public 
credit, with deplorable depreciation, if not annihilation of prop- 
erty in tlie funds, with fearful changes and insecurity to prop- 
erty of all other description, and an aggravation of every public 
calamity, which the most "fearful looking for" of judgments 
could hardly exaggerate. 

It is by no means essential, that all these fiicts and opinions 
be established, in order to exculpate the Hartford Convention. 
Yet the admission of their truth (and I perceive not that any of 
them can be questioned,) must leave its merit or demerit, to 
rest upon the footing of its reported and published transactions, 
and be found irreconcilable with every imputation of illegal 
combinations and disloyal designs. 

H. G. OTIS. 



LETTER VII. 

SIR, 

It has never, 1 believe, been seriously insisted ili.il the re- 
solve of the Legislature of Massachusetts appointing the Hart- 



35 

ford Convention is Jipon its face repugnant to tlie Constitution 
of the United States. It was in these words : 

^'Resolved, That twelve persons be appointed as Delegates from this Coiu- 
nionvvealth to meet and confer with Delegates from the other New England 
States or any other, upon the subject of their public grievances and concerns, 
and upon tlie best means of preserving our resources, and of defence against 
the enemy, and to devise and suggest for adoption by those respective States 
such measures as they may deem expedient ; and also to take measures, if 
they shall think it proper, for procuring a Convention of Delegates frojn all 
the United States, in order to revise the Constitution thereof, and more effect- 
ually to secure the support and attachment of all the people by placing all 
upon the basis of fair representation." 

Coupled with this resolution it is also proper, though no,t 
essential to the inquiry, to take into view the circular letter 
written under an order of tlie General Court by the President 
of the Senate, and Speaker of the House, to the Executives of 
other States, from which is made the following extract : 

"The general objects of the proposed Conference are, first, to deliberate 
upon the dangers to which the eastern section of the Union is exposed by the 
course of the war, and whicli there is too much reason to believe will thickcij 
round them in its progress, and to devise, if •practicable, means of security 
and defence which may be consistent with the preservation of their resources 
from total ruin and adapted to their local situation, mutual relations and 
habits, and NOT REPUGNANT TO THEIR OBLIGATIONS AS MEM- 
BERS OF THE UNION.' 

The constitutionality of the foregoing resolve must be deter- 
mined by a comparison of its tenor with tlie provisions of the 
Constitution itself. It is presumed that the only clauses in 
that instrument bearing on this point, are in the 10th section 
of the first article. "No State shall enter into any treaty, al- 
liance, confederation," &c. This is peremptory and unquali- 
fied. Again, "No States shall, ivithout the consent of Congress, 
enter into any compact or agreement with another State," &c. 
It is then beyond dispute that States ivith the consent of Con- 
gress, may enter with each otlier into compacts or agreements, 
not being treaties, alliances, or confederations. They must 
then have a right to meet and confer together previously to the 
consent of Congress, so as to be able to discuss and adjust the 
terms of a compact or agreement, to be submitted to Congress 
for its subsequent consent. Otherwise in many cases tlie pow- 
er to make such compacts v;ith the consent of Congress would 



36 

be nugatory — for such consent could not always be expected, 
Until the agreement on which it was to operate, should be di- 
gested into such form as would enable Congress to act with a 
full understanding of its true character. The consent of Con- 
gress is then not requisite as preliminary to meeting and con- 
ference. If an agreement be made to which the sanction of 
Congress is refused, it becomes void ab iuiiio, and this is an all- 
sufficing security. The practice of all the States having ques- 
tions of interest or controversies with each other is in unison 
with this theory. Massachusetts and Maine have had repeated 
Conventions, on the subject of their lands and other property. 
That is to say, their respective Commissioners have met and 
conferred with each other. And it would seem to be a rigid 
construction of the Constitution which has never entered any 
brain, that two States could not determine a question of bound- 
ary, or of a common road, or river navigation, or confer upon 
the project of a canal through their respective territories, in the 
first instance. A different usage has prevailed, it is believed, 
universally. A deputation from the Legislature of Kentucky 
was lately sent to that of Virt^inia — afterwards another was 
sent froni Virginia to Kentucky. If the respective Commis- 
sioners had met each other, instead of meeting the several Le- 
gislatures, this would have been a Convention ; or if they had 
any way settled the matter in controversy between them, they 
would have made an inchoate compact. Still more lately a 
Convention from several States has been held at Washington, 
for the purpose of making a canal, and it is expected that the 
Legislatures of these States will jflrsi concur in the project, and 
"then apply to Congress for aid and consent. And it is pre- 
sumable, if the Legislatures of three or four States favorable to 
the views of administration, had appointed Commissioners to 
meet at Richmond or JSTorj'olk during the war, to concert meas- 
ures for aiding the National Government in fortifying or de- 
fending the Chesapeake, that, far from aflixing to such meeting 
the stigma of being unconstitutional, thousands of pens would 
have "leaped" from their inkstands to vindicate the patriotic 
procedure. 

In the case in question, it will be remembered, that the au- 
thority of the members of tiie Hartford Convention was merely 



37 

"to meet and confer"— to "devise and suggest for adoption by 
the States," measures, &c. This was the pith of their commis- 
sion. They could make no compact or agreement. They could 
merely recommend "means of security and defence not repug- 
nant to their obligations as members of the Union.^^ Thus it 
seems to be a self evident proposition, that in this nation, 
(where the right of the people by themselves or their delegates 
peaceably to assemble at their own will and pleasure is univer- 
sally recognised) an authority given by one body of men to 
another, to meet and confer and suggest measures 7wt repug- 
nant to a constitution, must be a constitutional authority, who- 
ever may be the constituents, and whoever the delegates. 

As then the institution of the Convention was consonant to 
the letter of the Constitution, it was equally so with its spirit. 
To disprove this position it is not sufficient to shew that the 
object of it was to eftect a lawful end by a mode different from 
that expressly provided by the Constitution; but it must also 
be made to appear that the proposed means were not only dif- 
ferent, but at variance with the Constitution. 

If the States of Pennsylvania and Delaware, or New York 
and New Jersey in time of war should, by Commissioners 
meeting for the purpose, devise a plan for impeding the pas- 
sage of a fleet up the Delaware or Hudson, by booms, and 
chains, and hulks, (admitting it to be practicable,) and should 
offer Congress, to place and maintain the same, upon stipula- 
ted conditions, it is not perceived wherein this procedure 
would militate with the spirit of the Constitution. This was 
the utmost extent of the principle involved in the Massachu- 
setts resolve. Its aim was to devise means of "security and 
defence" adapted to their "local situation," &c. The report 
pursued the instructions. It suggested a plan and recommend- 
ed an application to Congress for its sanction. And the most 
important consideration of all is, that this sanction was given 
by Congress. 

After the adjournment of the Convention, an act passed and 
is now found in the statute book, permitting the States indi- 
vidually to do that, which it was the principal object of the 
States represented in the Convention to obtain permission to 
do. To receive into the pay and service of the United States, 



38 

"troops raised, organized and officered under the authority of 
any of tlic States," It was approved by the President, on the 
very day of the passinj; of the resolve in Massachusetts requir- 
ing the Governor to appoint Commissioners to proceed to Wash- 
ington. Had tliis act been promulgated and its provisions 
understood in Massachusetts at that time, it would have super- 
seded the necessity of the application to the National Govern- 
ment. And had it been in existence prior to the institution of 
the Convention, it would in all probability have foreclosed that 
project. Thus the reasonableness, and constitutionality of the 
main object of the Hartford Convention are in fact ratified by 
a solemn act of the United States. The title of this act is, "an 
act to authorize the President of the United States to accept the 
services of State troops and volunteers." Add in imagination, 
the words "and to ratify the proposal of the Hartford Conven- 
tion," and tlicreupon read the act and compare it with the re- 
port of the Convention, and you will find nothing incongruous 
in the amended title. Compare also the instructions to the 
Commissioners, with the phraseology of the act. By the for- 
mer, they are instructed, 

'•To make earnest and respectful application to the Government of the 
United States, requesting their consent to some arrangement whereby the 
State of Massachusetts separately or in concert with the neighboring States, 
may be enabled to assume the defence of their territories against the enemy, 
and that to this end a reasonable portion of the taxes collected within said 
States, may be paid into the respective treasuries thereof, and appropriated 
to the payment of the balance due to th« said States and to the future de- 
fence of the same." 

Now what says the act? That the President of the United 
States be 

"Authorized and rcrmind to receive into the service of the United States 
any corps of (roops wliith may have been, or may be raised, organized, and 
officered under the authority of any of the States, whose terra of service shall 
not be less than twelve months, whicli corps when received into tlie service 
of the United States, shall be; subject to the rules and articles of war, «»(£ 
emploijcd ill the Stale raising the same or in an adjoining Slate, and not 
elsewhere, except with the consent of the Executive of the State raising the 
same." 

Here then, (with the exception of the reimbursement of the 
debt already accrued and the mode proposed for defraying 



39 

future expense,) was a full and ample concession of all that 
Massachusetts had asked from the beginning. Here was an 
end put to the whole subject of controversy between the Presi- 
dent and the State Governors, and an anticipation of the object 
of the Commissionei-s which would have left them nothing to 
do even if peace had not been announced immediately after 
their arrival at Washington. For with regard to the fund for 
the payment of the State troops proposed by the instructions 
to be paid into the State treasuries ; it was a consideration al- 
together secondary— a mere suggestion of a convenient mode 
of making the provision. The State could not be otherwise 
than indifferent as to the choice of the channel through which 
the money should be applied to the object— And as to the 
balance then due, (that which constitutes the ^lassachusetts 
claim,) a bill had passed the Senate and lay on the table of the 
House for the adjustment of this and similar claims, when 
tidings of the treaty were received. Had the war continued, 
you can judge with what consistency Government could, (or 
indeed can now) reject the claim, after having virtually rati- 
fied, as already suggested, the principle on which it was found- 
ed. Apart therefore, from the proposal of amendments to the 
Constitution of the United States, found in the report of the 
Convention, (which at worst were harmless or inexpedient; 
though originating in, and designed to obviate the same un- 
equal operation of the existing system, whicli was felt by all 
the opponents of the Missouri question,) it niay be truly af-^ 
firmed that Government had become proselytes to the belief 
that reliance for the most efficient defenoe, in the event ol" 
protracted hostilities, must be placed on State troops, under 
their own officers. And it is true without rhetorical exagger- 
ation—notwithstanding the prejudices of tlie credulous, the 
pride of the opinionative, and the fury of the violent— though 
language has been moulded into every shape of obloquy and ri- 
baldry V citizens of Massachusetts to bring shame upon the 
Convention. It is yet true, that the very system recommend- 
ed by that Convention. BECAME BY ACT OF CONGRESS 
THE LAW OF THE LAND. So far then as the proceed- 
ings of tliat assembly, involved measures to which the consent 
of^'congress is necessary, to give them a constitutional stamp; 



10 

they had that consent. Forthwith upon the adjournment of tlic 
Convention without day their report was published. In nine- 
teen days after that adjournment the act of Congress in ques- 
tion was passed. The leport and the views of the Convention 
were accordingly before those who made the act. What influ- 
ence resulted from it is unknown. It is enough to know that 
the justness of those views is virtually admitted— Congress 
AND THE Convention were agreed in opinion, respecting 

THE MOST expedient SYSTEM OF DEFENCE FOR THE FUTURE. 

By this consent expressed in the act, the error of the Hartford 
procedure (if error there was) became ratified, and the impress 
of the highest national authority was stamped upon its inno- 
cence and constitutionality, and upon the expediency of its 
policy. The power of holding the State troops requisite for 
defence, in the hands of their own officers was confirmed. The 
claim of the State "for the past," was recognized by the Sen- 
ate, and security "for the future" would have resulted from 
the act both of Senate and House, had peace been delayed. 
But from this judgment in their own favor, the persecutors of 
the Convention appeal to the chancery of public opinion, and 
urge their suit on those occasions when it comes to the turn of 
passion to preside. The decree, if they prevail, will be in His 
Excellency's words, that " measures had cast a reproach on the 
good name of the State," and that she is dishonored— and the 
costs of suit, besides disgrace, will be the amount of the Mas- 
sachusetts claim, which it seems is no longer sought as the 
reward of services but of Repentance. 

H. G. OTIS. 



LETTER VI J I. 
SIR, 

The I'lopobition now to be considered is this: That ad- 
mitting the Resolve instituting the Convention to be constitu- 
tional IN TERMS, it was the intention of itsfvamers under cover 
(or pretext) of it, to attempt some object adverse to the Con- 
stitution or laws of the Union. 



41 

From a charge entirely gratuitous and so broad as to defy 
mensuration by any scale or compass of methodical argument, 
it is plain that there is no appeal but to common sense and ex- 
perience on the internal evidence of its folly and falsehood. 
This evidence in the present instance resulting from indispu- 
table facts, and from the organization and modes of procedure 
of the legislative assemblies in the United States, must appear 
not only satisfactory, but overwhelming. It is implied in the 
words of the proposition, and is universally agreed, that the 
plan of opposition, whatever were its outlines, was to receive 
its form and pressure in the Convention. The combination 
which originated the authority was tlie Legislature; but the 
"authorized combination" was the assembly at Hartford. Nei- 
ther one nor the other was possessed of the means of doing 
any thing — of any physical force applicable to purposes of 
opposition to Government. Every act of the Legislature for 
that end would have exposed its abettors to the penalties of 
treason. And the Convention had not only no power to com- 
mand even the services of a constable, but were indebted to 
the courtesy of Connecticut, for house room, fire, and can- 
dles. Whether the plot therefore is supposed to have been 
invented in the Legislature of Massachusetts for the sanction 
of the Convention, or in the Convention for ratification by the 
States, it is clear that nothing more could be expected, than a 
recommendation of measures by the Convention, which being 
adopted by the Legislatures, should by them have been recom- 
mended to the people. I pause not to consider whether the 
charge of " combination" in an odious sense, as applied to any 
project which must be submitted to the jieople, (in whom reside 
the right to change their government) be not destructive of it- 
self; because I wish never to anticipate in imagination circum- 
stances that would justify men of principle in counselling their 
fellow citizens to shake oflf or even weaken the bonds of our 
Union, and because further, I woidd disdain to take shelter in 
the dark mazes of that theory. On the contrary, I admit that 
if the framers of the Convention or its members, permitted 
themselves in the hour of their country's extreme peril, even to 
brood over schemes of disunion, whether to be executed by 
6 



42 

themselves or others, their inipotency of means would furnish 
no palliation for the political depravity of their hearts. 

Still it is material, in forminj^ our estimate of clandestine in- 
tentions, to bear in mind, that all which the Legislatures and 
Convention together could do, must have terminated in recom- 
mendations and reports: — For in judging of a man's disposition 
to commit a crime, which he had the power to do, but from 
which he may have been deterred by circumstances, it is often 
sufficient to be acquainted with his character. But in forming 
an opinion of the likelihood of his intentions to give bad and 
desperate councils to others, we look not merely to his charac- 
ter, but to that of the party for whom the advice is supposed to 
have been intended. No sower will be presumed to destine his 
seed for a soil in which he knows it cannot vegetate — and the 
waste of bad advice is for that reason probably less than that of 
good. When, therefore, the federal menibers of the Legisla- 
ture of Massachusetts, or such of them as were behind the cur- 
tain, intended in the first instance to convey (by no matter 
what occult act) to the Convention (a case almost too absurd to 
be stated as a possibility) their project of disorganization, what 
was the chance of a favorable hearing ? When the members of the 
Convention or any of them in their turn entertained the design 
of recommending " treasons, stratagems, or plots" for adoption 
by the several Legislatures, and finulli/ bij the people, what was 
their prospect of success ? These questions must have occurred, 
and were not very difficult to be resolved. Tlie people had 
spoken loudly, and their Representatives were perfectly appriz- 
ed, how far they would go in opposition. They were either ripe 
for proceeding to extremes, or they were not. If they were not 
thus ready, their Representatives knew it; and unless qualified 
for the Insane Hospital, they could never intend, under cover of 
any authority, to propose measures which must ultimately come 
before the people, and which being rejected, would redound to 
the confusion and disgrace of their authors. If on the other hand, 
the people were thus prepared — the Convention, who instead of 
taking advantage of the excitement, aimed by tlieir leport to 
soothe their irritation and stimulate their patriotism ; to recon- 
cile them to a more enduring ])atience, and cheer them with a 
more enlivening hope ; as also the Legislatures of the diftcrent 



43 

states who accepted that report — deserved well, not ill, of their 
country. 

But to proceed to facts. The number of federalists (or of 
persons composing the majority, for there were among them a 
few of the "flying sqiiud,'^) in both Houses, in the session ol 
1814, when the Convention was formed, may be taken at an 
average of three Imndred — varying but not materially from time 
to time. The members of the Convention were elected from 
the people at large from the difterent sections of the country in 
Massachusetts and Maine, two only being Members of the Le- 
gislature. 

At the time of passing the resolve and appointing the mem- 
bers of the Convention, it was uncertain and impossible to be 
known whether any other State would concur in the measure. 
Application was publicly made to each of the New England 
vStates, after the passing of the resolve, and not before, through 
the same organ — its Executive. Those of New Hampshire and 
Vermont did not convene their respective Legislatures in sea- 
son to come into the plan of a Convention. Now the readiest 
mode of ascertaining whether it was practicable for the major- 
ity of a legislative body, (organized and doing business with 
open doors, according to the forms of our State Constitution) 
to enact a cornbitmtion, of the kind, and for the purposes imagi- 
ned, and under the circumstances just hinted, will be for any 
person acquainted with legislative proceedings, to bring his own 
mind to a clear and satisfactory conception of any mode of 
effecting it. It must I think baffle the attempt of the most 
vigorous fancy however versed in the beau ideal of plot making. 
He will first determine whether the entire majority shall be 
presumed privy to the project, or only the few leading and know- 
ing ones. To begin with the first. A secret, (for secrecy is im- 
plied in the proposition, and was indispensable) must have been 
imparted to three hundred persons, " more or less," and by the by 
■must have been kept by them to this hour. And what was the na- 
ture of the secret? Why, only that this confidential party should 
by a solemn act, confer an authority upon certain agents in e.v- 
press ivords: with a secret understanding that the authority 
should be violated, and that their commission should be execu- 
ted in a nianner diametrically opposite to the terms of the pre? 



44 

scribed power. These legislators must have understood and in- 
tended that instructions to devise means for the defence of the 
country should be perverted to inventions for betraying it; — 
tliat instead of taking counsel together for the preservation of 
the Union according to the letter of the resolve, they should 
convene with a latent purpose of laboring for its dissolution. 
Thus their Commissioners appointed for the ostensible object 
of united defence, would become Commissioners of a separate 
peace "in disguise," — and their faithfulness to their employers 
would be manifested only by their perfidy to their country. It 
would seem to require a drill, of unprecedented industry and 
severity to bring this "host" under the discipline of a corps of 
Illiiminati, in the very few days which elapsed between the 
beginning of the session and the day on which the Convention 
project was adopted. To reconcile this body of substantial 
Christian Yeomanry to hold their oaths of office in contempt: — 
To habituate them all to keep their tongues as with a bridle, 
except only when they spoke to deny the truth and to repel 
suspicion ; — To listen without horror to the unblushing denials, 
and to witness the affected vehemence and indignation of others 
in spurning the imputations of their opponents ; — Much address 
would also be requisite to initiate the new comers from the 
country, and to prevent those who had leave of absence from 
telling tales. And there would seem to be need not only of 
address but of necromancy, to be sure that the choice of agents 
by ballot from all quarters, would fall upon persons who should 
be prepared to disobey their instructions and to execute the 
unknown and incommunicable intention of their employers. 

All these difficulties would be multiplied and reiterated in 
the legislative bodies of such other States as should agree to 
send deputies to the Convention. The Governors of those 
States could not collect from the circular letter of our Gover- 
nor, the real intent of the Convention. Is it then credible that 
Governor Strong would have ventured to hold with the other 
Governors, one language "official, and another confidential," hy 
letter, without knowing his men. Or, are they also to be con- 
sidered as conspirators, ab initio? If yea, when, where, and by 
what means was the understanding among them origiiuited. If 
nay, how were they qualified to give to their several Legisla- 



45 

tures, the proper impulses ? Recollect that to make sure work, 
all these preliminaries must have been adjusted within a very 
few days ; all before the appointment of the delegates from 
Massachusetts and Maine. The electors in the Legislature of 
Massachusetts must also have either known their men, or have 
been willing to commit themselves and their machinations to 
the discretion of strangers. There must have been an intelli- 
gence between them, otherwise the delegates could not discern 
bj the resolve or their credentials, wliat was expected of them. 
And tliis mysterious intelligence between the electors and the 
elected — between the different Governors — between those Gov- 
ernors and their Legislatures — and between those Legislatures 
severally and their delegates; must (for any thing that has 
hitherto appeared, or Avhich can be conceived possible ;) have 
been carried on by the "Prince of the power of the Air," and 
he must have made good speed with his despatches. 

But these are not the only obstacles which must have existed 
in the way of "the combination." The legislative faction unless 
besotted would look to the issue. Whatever it was intended the 
Convention should do, could have been only recommendatory, 
and in the form of a report. Suppose matters brought to this 
point; the Convention agreed; and all the glowing ingredients 
of faction thrown into that caldron, to be melted and cast into a 
brazen image of sedition, and brought home and placed before 
our General Court. In what mode was it to be disposed of? 
How were they to set about the work of a disruption of the 
States, or a separate peace, or a Nortliern Confederacy? — 
The report would be made to the whole Legislature, foes as 
well as friends. Now then, if not before, the plot must be dis- 
covered, previous to consummation and nothing gained by con- 
cealment thus far. The Legislature would be near the ordinary 
termination of its Winter session, and not far from the end of 
its political existence. To adjust any proposed substitute for 
the National Government would require some little time even 
for the wisest statesman. The Union could not be dissolved 
by "Presto begone!" nor a northern constellation created by 
"let there be lig-ht." It would have been madness indeed to 
scuttle the ship and quit the wreck, without getting ready a 
boat or a raft. 



46 

Alter 4 report of the Convention in favor of a revolution, the 
opposition could not advance an inch, without Legislative aid — 
and every act of legislation in furtherance of it would be a pub- 
lic act of usurpation. It is therefore inevitable that the makers 
of the Convention — the sober, solid, cautious, and unaspiring 
yeomanry of Massachusetts must have prepared to convert 
themselves into a "Rump Parliament," and to arrange a new 
order of things without any constitutional power, after the plan 
of disunion should be promulgated, upon the faith that the Le- 
gislatures of other States, not then in session, or the people of 
those States, would uphold their project. Otherwise they must 
have gone home to their constituents, leaving behind the abortion 
and taking with them the disgrace. 

To those gross outrages upon probability and reason insepa- 
rable from the affirmative of the proposition at the head of this 
letter, I add another. Every plan of opposition to the Consti- 
tution or laws must have consisted of many particulars. It was 
to embrace States, and to expose persons. That the plan icith 
its necessary details and ramifications was digested by the Le- 
gislature into form, to be presented to the Convention, is a 
notion too extravagant to have been yet hinted by the most 
prejudiced enthusiast. It was then to be fashioned in the Con- 
vention. A case is thus presented of intelligent men giving 
authority to others, to make a plot in tJieir behalf. A plot per- 
haps pregnant with tremendous consequences to their country 
and themselves. Nor was it possible to ascertain beforehand 
to whom this trust of confidence, of fortune, life and character 
was to be confided. The Conventiclers were to be elected by 
ballot — some from other States. And in the election of these 
last Massachusetts could have no agency. In reference there- 
fore to Massachusetts, the plot was to be made not even by 
immediate proxy — but by agents, strangers themselves and 
chosen by persons also strangers. Be it then agreed, that 
great and wise, and even good men, have sometimes conspired 
to eft'ect revolutions. They nevertheless manufacture their own 
plots, or know their accomplices and what is intended to be 
done. They do not put out treason and conspiracy to be made 
fur them by the job, liut such was the predisposition of a ma- 
jority of both branches of our Legislature to sedition, that t^ley 



47 

must have been reckless of what form it might assume, or of 
the hands that were to mould it. The power of ratification was 
indeed reserved to the Legislature; but individuals, after giv- 
ing the power, must have incurred the risk of such ratification 
in spite of their own opposition — "ce n''est que le premier pas 
qui coute." I ask with confidence if the history of man can 
produce a parallelism to such a case ? Did ever a set of men 
give a "carte blanche" to involve themselves in the entangle- 
ment of the pains and penalties, and casualties of a criminal 
conspiracy, without knowing to whom such authority would be 
filled out and executed ! ! ! 

There is indeed something so unnatural and revolting to com- 
mon sense, antecedently to all reasoning upon the subject, in 
the idea of comprehending the majority of the Legislature in 
any secret conspiracy, that the most prejudiced persons pressed 
by these suggestions are compelled to abandon it, and fasten 
the imputation upon the "knowing ones,^' "the leaders," the 
"Boston stamp," &c. But this will rather aggravate than 
lighten the mass of the objections. For although it would be 
easier in the first instance for a few to agree upon a scheme, 
and to keep their own counsels, than for many — yet the objec- 
tion arising from the danger of discovery applies in a great de- 
gree to every supposable number of confederates in a plan of 
this nature; and all the other objections apply in the same degree 
to the supposition now assumed, with the addition of one that 
would seem to be insuperable. This cabal of leading men must 
have taken upon themselves not only to deceive their antago- 
nists in the Legislature, but the bulk of their own parti/. They 
could have calculated upon no certain support even from friends 
after the mask should be lifted, but must have incurred the haz- 
ard that when the report of the Convention should be made, 
and their party thus, for the first time, apprized of their trea- 
sonable intrigue, (besides encountering all the other impedi- 
ments) they would be disavowed and deserted, and left in '-a 
hole by themselves." 

But there is no end to the tissue of idle conjectures which 
can be woven by ardent imaginations. And yet one sentence 
should suffice to dissipate them all — JVb act of disunion is fea- 
sible by a State Legislature without a previous authorization 



48 

by the ])eople. Suppose, (though the extravagance of the very 
hypothesis is nauseating) that the Legislature of one or more 
States had passed such acts — they avouUI have been merely 
void. The next Legislatures, unless the State Constitutions 
were also annihilated, might have repealed them. Who Mould 
have dared to execute such acts? Whence could have been 
procured the men and money indispensable for this new atti- 
tude ? What provision could be made for the public debt prin- 
cipally held by the agitators or their friends; and by what 
means could a separate peace be effected ? Yet for all these 
contingencies the "combination" must have been prepared — aa 
if the fabric of the National Constitution could be dissolved and 
replaced by another, with more ease than " Hamilton's bawn 
could be turned into a barrack or a malt house." In a word, 
the history of the Convention is "a plain unvarnished tale," 
similar to that of other associations created by law. For its 
objects you must look to its charter — -for its proceedings, to 
its private books. AVhen these stand fair you have all the evi- 
dence required in cases affecting incorporated societies, to de- 
fend their rights. And while that is unimpeached, there is the 
same unreasonableness and injustice in presuming that it was 
instituted for an object foreign to its commission, as for imagin- 
ing that the State Bank was intended to be organized for the 
purposes of counterfeiting and forgery. 

H. G. OTIS. 



LETTER IX. 

Sill, 

I PASS now to the inquiry, whether admitting the Legisla- 
ture of Massachusetts, (and of course the Legislatures of the 
other States) to be innocent of every purpose of opposition to 
the Constitution and laws, the Convention were guilty cither in 
fact or intention of any such design. 

Tiiis proposition is foundetl upon tiie supjjosal that the Con- 
vention either actually violated, or was disposed to violate the 



49 

authority and instructions of its constituents, and will be exa- 
mined on the presumption that the legality of these is fairly 
established. If downright and incontestible facts had not ren- 
dered the course of the Convention as plain as the path of the 
sun, it might be worth while to expatiate upon some general 
principles and analogies connected with the subject, on which a 
few words only shall be said. In judging of the probability 
of enterprizes which it may have entered into the views of 
the Convention either to suggest or even to intend ; the ex- 
tent of its means for the accomplishment of its ends, whether 
physical or moral or both, is material to be considered. The 
efforts of men, as hinted in a former letter, are generally limit- 
ed by the consciousness of their potentiality. No man attempts 
to break a massive chain by mere manual strength — or swim 
over an ocean. The Convention could not, by any act of theirs, 
sepai'ate the Union, nor see their way to dry land beyond the 
red sea. They had not the power of the thirty tyrants, nor of 
the forty thieves, nor any other power of execution. They 
could at most recommend measures, to be by others recommend- 
ed to the people, and tl»ey would hardly counsel what they 
knev/ must be rejected. Suppose, however, (for the indulgence 
of imagination) that the disunion of the States had been a topic 
of discussion (no matter how ushered in) before the Convention. 
If the people were ready to receive, but the Convention not 
willing to give counsel to that end — so much more for the honor 
of the latter. If the people were not ready, but the Convention 
were so — will men calling themselves republicans invade the 
recesses of private judgment and suspend us in perpetual effigy, 
because we prudently sacrificed our genuine sentiments to pub- 
lic opinion — to their opinion ! Will tliey overwhelm us with 
obloquy for concealing or renouncing those errors which they 
held in abhorrence themselves, and for making a report, which 
if they are correct in their bad opinion of our dispositions, is an 
abjuration of our doctrines, and in degree at least a proof of 
proselytism to theirs ? 

Yet this is the measure meted to the Conventionists by the 
friends of liberal opinions — by the advocates of the unlimited 
I'ight of the people to change and modify government at plea- 
sure. We were traitors say they for entertaining certain opin- 
7 



50 

ions, and cowards for not expressing and acting up to them. 
We are, as they will have it, responsible for all the abominable 
heresies inculcating opposition and disunion that were afloat 
previous to the Convention — and for collecting, combating, and 
exploding them in that assembly, and replacing them by a di- 
gest of sound, constitutional, federal doctrine, we are not only 
responsible but despicable. So goes the world. 

But a truce with suppositions. The fact is, the people ofJSTew 
Englmid never wavered fur a moment in their fidelity to the 
Union. In no official document or state paper of any of its con- 
stituted authorities that has met my eye, was the separation of 
the States alluded to but as a visitation to be deprecated. A 
warning voice was sometimes heard from these authorities 
announcing fears tliat a prostrate commerce, a needless war, 
and entangling alliances might put the Union in jeopardy. 
It was a voice often expressive of deep emotion, sometimes of 
anger, frequently of amazement, never of despair, in which, 
however, the yearning of fraternal hearts, and the predomina- 
ting attachment to the Union were always discernible. It spoke 
the language which Franklin held to Burke, at the time to 
which the latter refers when he avers his conviction of the sin- 
cere desire cherished by the former for the reconciliation of 
America with the parent country; — a language of expostulation 
and regret, but to the full as kind, as tender, and aftectionate 
as that which proceeded from other warning and threatening 
voices, in all the States south of Delaware pending the Missouri 
question. Common it has certainly been — much too common 
in all quarters of our nation, in difterent periods of excitement, 
to hint at "shuffling off" the "coil" of the Union. But this is 
the language of the passions. "Vox et prceterea nihil." All 
allusions to it should be dropped on all sides by common con- 
sent, as serving only to perpetuate the recollections of family 
broils, in which all have something to answer for. 

Such being the state of the public mind in New England, it 
must have been known to the Convention. Their advice, there- 
fore, to dissolve the Union, would have been a torch applied to 
a mountain of ice, the flame of which would have been driven 
back upon their own faces. The Convention needed no super- 
natural information to be aware of this. How monstrous then 



51 

the idea that the members of tlvat body or any of them, could 
harbor a thought, not only without authorization, but in the 
very teeth of their principals, the Legislatures, to recommend 
measures conflicting with the National Government, and to en- 
counter the surprize, disgust, resistance, and odium which could 
not fail to be consequent upon the broaching of so unprecedent- 
ed an infringement of duty and outrage on decorum ! It im- 
plies that the Convention was made up of fools or maniacs. 
Let any man figure to his mind, the scene to be anticipated 
in the Legislatures of the different States on the presentation 
of a report recommending a temporary or perpetual suspension 
of our relation to the Union, (and an authorized opposition to 
constitutional laws under any imaginable form would have been 
equivalent to this) by a committee distinctly inhibited from 
treading on that sacred and dangerous ground. And let him, 
if he can, settle down in the belief that any person of sound 
and sober intellect would have felt any conceivable inducement 
to provoke, and meet the consequences of such an insult. AVhere 
then can the incurably jealous look for evidence of the imputed 
machinations of the Convention, which could never have been 
encouraged by a prospect of success ? All they are known to 
have done wears a very different complexion. In their publish- 
ed report is embodied the result of all their proceedings. *Their 
private journal (since published also) is a faithful diary of all 
that was moved in that assembly. Tiie fact has been so certi- 
fied by the lamented President. What more can be offered, or 
is ever required, than the natural, intrinsic, irrefragable evi- 
dence arising from the original, genuine records and papers of 

*More than four years ago, an eminent Judge of the Supreme Court, from 
a Southern State, in a conversation at which several of his brethren and 
other distinguished persons were present— inquired of me why the Conven- 
tion did not publish their private journal? Adding his opinion, that if that 
were done, and it appeared free from anti-federal proceedings, all reasons 
for jealousy would be removed. This gentleman had been always of the re- 
publican party and a censor of the Convention. It was in consequence of 
this hint, that the journal was published. That it produced a most entire 
ronviction in the minds of many high-minded individuals of the republican 
party, in the South, with whom I have been in habits of intimacy, I have 
the happiness to knotc. That it had that effect generally, I have reason to 
believe. 



52 

an orgauiiotl assembly : Whul evidence can l)c so conclusive un- 
less it be supposed that these men, with GEOllGE CABOT at 
their head, agreed to drop a plot and hide their shame by forgery:^ 

In vain will tiie keenest adversary of the Convention silt 
these documents in search of expressions implying a feeling of 
hostility to the Union, or urging to active animosity against the 
Government. The reverse of this is eminently true. The re- 
port breathes in every page a spirit of attachment to the Union, 
and admits that "No parallel can be found in history of a 
transition so rapid as that of the United States from the condi- 
tion of weak and disjointed Republics to that of a great and 
prosperous nation." While it complains in a strain of severe 
animadversion of the " prevalence of a weak and profligate po- 
licy," and enumerates evils and grievances inflicted by a mal- 
administration of affairs, it expressly reprobates " the attempt 
upon every abuse of power to change the constitution," which 
it says " would but perpetuate the evils of revolution." This 
is followed by a train of reasoning, dissuasive of all measures 
calculated to disunite the States, appealing to the good sense, 
experience, and mutual interests of those States, whose policy 
was most objectionable, and stating circumstances encouraging^ 
the firmest confidence that time, patience, and events would 
effect every desirable reform. Not a variation from this patri- 
otic, federal, and consoling tone can be detected throughout 
the report. It is a manual of elementary principles; — a com- 
mentary on WASHINGTON'S Farewell Mdress—hy which, 
(whatever may be its defects in other respects,) the most zeal- 
ous friend to the Union may be content to live or die. 

So much for the theory of the report. 

The measures it recommended were in substance but two : — 

First — An application to Congress for their consent to an 
arrangement whereby the States, parties to the Convention, 
"may separately, or in concert, assume the defence of their 
territory at the national expense." 

Second — Certain amendments to the Constitutiou. 

The utility of these amendments is a fair subject for an 
honest difference of opinion. If the proposed mode of bring- 
ing them before the States for adoption may be regarded as 
ine.vpedicnt, 1 care not (now) to contend that point. The 



. 53 

object of these amendments, however, was to diminish, what 
the decision of the Missouri question is calculated to in- 
crease — the representation of Slaves. But this proposal may be 
laid aside in this investigation. It has no bearing upon the 
charge of disorganizing intentions, and has not to mj knowl- 
edge, been a cause of serious complaint, except by those who 
think it a needless departure from the mode of amending the 
Constitution provided in the instrument. Js to the other great 
and principal object — The faculty of defending the States by 
their own militia and at the expense of the United States, what 
more need be added, than a repetition of the fact that Con- 
gress HAS SINCE GIVEN AN EXPRESS SANCTION TO THE PRINCI- 
PLE. Had this been done at an early period of the war, the 
main root of the bitterness that afterwards grew up would have 
perished in the ground. Had it not been done at length, and 
had the war continued, I am free to declare that I see no 
mode in which the Eastern States could have been defended. 
It was done however, but not in season for the Legislatures of 
those States to take cognizance of it. 

Here then I repeat is a subject of curious speculation for 
posterity. 

The principal measure of an assembly intended (as is gaid) 
to concentrate all the force of opposition to the constituted au- 
thorities of the nation ; was by the deliberate act of those au- 
thorities virtually adopted, and tlie egg that was laid in the 
darkness of the Hartford Conclave, was hatched by daylight 
under the wing and incubation of the National Eagle. 

But independently of what the Convention is known to have- 
done, if all the proceedings of the prison house had remained 
secret, the character of the men who composed it, afforded an 
ample guarantee of the purity of their motives and conduct. 
Take them for all in all, they were persons of exemplary mode- 
ration, and eminent, for wisdom, prudence, experience, love of 
country, and all the virtues of the man and the citizen. Among 
them were some, since gone from us with "all their coun- 
try's honors blest," who preserved through life the station oi 
"little lower than the angels," as nearly as it is given to the 
best men to maintain it in this state of imperfection. In the 
number were individuals who had been long, and often, and al 



54 

most constantly employed in high offices, Legislative, Executive, 
Judicial, and Military — in State and Nation. One at least of 
the elder generation who had been honored with the confidence 
and friendship of Washington :— Others who had been his 
companions in arms : — And among the younger generation were 
the sons of those who had fought the earliest battles for their 
country's freedom — of tlie heroes of Bunker Hill and Lexing- 
ton, who had made good their claim to hereditary patriotism by 
their own public services. 

Some of these worthy persons had long since withdrawn from 
the bustle and turmoil of the political arena, and become passive 
though anxious spectators of the signs of the times. They had 
now been brought together from distant locations, without means 
or opportunity of previous intercommunication, and in the great- 
er number of instances without the slightest personal acquaint- 
ance, and of course without any common sympathy but what 
arose from a reciprocal persuasion that each was influenced by 
the same love of country and the same honorable views. Of 
this merit I pretend not to claim any share. I am sensible that 
among such men I was not " meet to be called an Apostle" — 
Hut having nothing to retract, no fiivors to ask, no propitiatory- 
incense to offer upon new altars, I hope there will be seen 
neither vanity nor condescension, in my declaring that I am 
unconscious of any conduct that would justify the singling me 
out as a political desperado who offered to the Convention pro- 
jects by which they were revolted. I challenge the production or 
quotation of any speech or writing for which I am accountable, 
w'lihant garbling or interpolation, conspicuous for unseendy vi- 
olence, intolerance, or even disrespect for my political adversa- 
ries ; much less pointing to a disunion of the States, which I 
should dread as a national and peqietual earthquake. In the 
ardor of debate I have repelled personalities by giving " mea- 
sure for measure:" — But if I am inimical to republican princi- 
ples and equal rights, I must have basely degenerated from my 
parent stock — And though I claim no merit from "gemiH et 
proavus;" yet that I should go into the Convention to instigate 
others to pull down that "Temple," which for at least "forty 
and six" years my ancestors with their countrymen had been 
engaged in building from the first trench and corner stone, and 



55 

in which I had always professed to worship, would seem to be 
an unnatural act at least, of which all just men will one day 
require better proof than has been or can be furnished by the 
unjust. To return however to my colleagues. I may add with 
truth that they were persons in circumstances of ease— Some 
of them in affluence— And all surrounded by those endearing 
domestic relations in hazarding whose security even the bold 
become cowards and the rash discreet. Who then ever heard 
of a conspiracy made of such materials ? What could incline 
such men to organize an active opposition to their government ? 
To amass fuel for a fiery furnace through which they must pass- 
To destroy the work of their own hands. To put in jeopardy 
comfort, safety, property, wife, child, and brother. To vary 
the dangers of foreign hostility by provoking the horrors of a 
civil war, and to fly to anarchy for refuge from the remediable 
evils of a bad policy ! It would be difficult to conceive which of 
the malignant or restless demons, that influence human destiny, 
could preside over such councils. Whether "Ate hot from Hell" 
or simply the spirit of infuriate ambition. Ambition for what ! 
For a place to sit and mourn over the ruins of our country ! 
And was there not in those days, a "balm in Gileud" for dis- 
appointed ambition, to be found by turning from the old road 
and taking the turnpike ? Besides what becomes of the ambition 
of men, whose choice was seclusion— whose eyes were then full 
fixed on Heaven. Did the tumult of ambition swell the veins 
of such men as Cabot, Treadwell, West, and others ? Will 
Brutus say they were ambitious ! 

For the rest— Tiie principal evidence of the miracles wrought 
by the founder of our holy religion rests upon "the labors, dan- 
gers, and sufferings voluntarily undergone" by the witnesses to 
the accounts of them. And so far as the comparison can be 
made with due reverence, it may be safely contended that the 
same principles of human nature forbid the belief, that the mem- 
bers of the Hartford Convention would have voluntarily expo- 
sed themselves and their families and friends, in opposition to 
government, to perils like those of martyrs — So that the pre- 
sumption in favor of the innocence of the Convention (keeping 
always in view the disparities of importance in the subjects) is 
analagous to that which forms the basis of the christian religion. 

H. G. OTIS. 



56 

LETTER X 
SIK, 

My last proposed point of inquii-y is, whether the appoint- 
ment and procedure of the Hartford Convention, allowing its 
innocence, ivere in all events inexpedient? Here indeed is a 
question very different from tliose hitherto considered; a ques- 
tion fairly open to controversy, and respecting which alone, 
ingenuous and ivell informed persons at this day can entertain 
serious doubts. The proceeding propositions depend on facts 
and inductions, many of which are self-evident, and all of which, 
in connexion, amount to the fulness of demonstration. But it 
is not pretended, that this inquiry is susceptible of the same 
unequivocal and satisfactory illucidation. Political expedi- 
ency is not like patriotism and tlic cardinal virtues, "steadfast 
and unmoveable," admitting of neither shade or variation — But 
it is an accommodating (piality, which though honorably enga- 
ged in the service of patriotism, depends on the calculation of 
chances and events, acts often in the dark or by a doubtful 
light, and must be governed by time and circumstances. There 
is but one genuine love of country. Though, as has been said 
of other love, there arc a thousand different copies of it. It is 
seated in the heart: — But the domicil of expediency is the 
head. Patriotism is a matronly virtue which never changes 
the simplicity of her dress : — But expediency may, and indeed 
must, conform to the fashion, and though she ought never to 
wear a mask, she may occasionally, when slie appears in a pub- 
lic assembly, "give her cheek a little red," without losing 
either innocence or reputation. When patriotism is questioned 
for her conduct, she calls upon truth and principles and honor 
for her sponsors — But the vouchers of expediency are wisdom 
and time. We may say of patriotism what it is very desirable 
to affirm of the law of the land, " non erit lex alia Jtomce alia 
Jlthenia, t^'c." It is always the same. But the rule of expedi- 
ency at Athens may not only be <lifferently graduated from 
that of Rome, but in each of those places it may, like the cli- 
mate, depend on the state of the atmosphere, on the tempests 
and calms which, though they "balk not Heaven's design," 
baftie the prognoslitks of the most careful observers. 



51 

Hence it is apparent that expediency and inexpediency are 
not mere abstract generalities, but relative terms. And when 
one says that the Convention or any other measure was inexpe- 
dient, it may import either that it was impolitic or superfluous — 
or not adapted to the proposed end — or unreasonable, liable to 
misapprehension and unpopularity — or so injudiciously concert- 
ed as to defeat its object. The inexpediency of a measure 
may thus be exceedingly gross and palpable, betraying an ab- 
sence of political wisdom, forecast or experience, and justifying 
a perpetual forfeiture of public confidence in skill and talents. 
Or it may be extenuated by circumstances, and amount only to 
such excusable error of judgment as sometimes befalls the most 
wise and experienced. And though a correct estimate of a po- 
litical movement can seldom be formed until after the event — 
Yet is not the event always the standard by which it should be 
tried. 

Within the boundaries of this immense region of expediency, 
one would imagine that citizens of the same country could find 
space enough for tilt yards and race grounds without convert- 
ing the whole into a Bear Garden. That they might fiiirly 
contend for the prize of ambition and the rewards of wisdom, 
and be satisfied that those who are distanced should quit the 
field and pocket their loss, without being hooted and insulted 
hy bullies and bravos, and stoned and pelted with rotten eggs. 
I can discern no reason why one assemblage for political pur- 
poses rather than another ; whether Convention or Caucus ; 
whether members of a State or National Legislature ; however 
inexpedient may be their plans or proceedings ; availing them- 
selves only of the liberty of opinion and speech, should be dealt 
with as a den of bandits. It savors indeed of impartiality that 
a portion of the chief censors of the Convention, assail their old 
colleagues and friends of the Caucus, with quite as much of viru- 
lence and reproach as have been showered on their ancient ad- 
versaries. But it savors more of the fierce intolerance which 
bears with no difference of sentiment in i-espect to measures or 
to men — which imputes as crime to others what it has done 
itself, and what it stands ready to repeat under any allurement 
of interest or change of times. Which, doing whatever seemeth 
expedient in its own eyes, and reversing the operation of that 
8 



58 

laudable self-love that serves "the virtuous mind to wake," 
contracts the circle that ought to embrace all the good and great 
of the country, by excluding first adversaries, then friends, till 
it is confined to a little clan of which each member intends that 
self shall be the centre. To the fair and ingenuous persons to 
whom I have just alluded, I submit the intimation, that in judg- 
ing of the expediency of the Hartford Convention, they should 
look to the state of things in the time of it. It may be admitted 
that similar associations for political purposes would hereafter 
be inexpedient, unwise, and impolitic ; without surrendering 
the point that the Hartford Convention should be thus charac- 
terized. Public opinion has noic become consolidated in disap- 
probation of such Conventions for political objects. It is of no 
consefiuencc in this view, by wliat means — Future Conventions 
must be accompanied by a general sensation of jealousy and 
aversion, which would divest them of the faculty of doing good. 
This is an all important consideration. It is the duty of every 
independent citizen employed in the public councils, first, to 
attempt fearlessly by his talents and influence to guide public 
opinion ; and next, to conform to that public opinion, which he 
fails to lead. No terrors of unpopularity should deter him in 
the first case, and no pride of opinion make him inflexible in the 
last. It is the part of a time-pleaser to hesitate in great emer- 
gencies until he knows the people are with him ; and of a head- 
strong bigot to persevere, when he finds they are fixed against 
him. To decide, therefore, upon this question of expediency, 
or indeed to form a judgment in what degree, if any, the mea- 
sure was inexpedient, and of consequence how far its promo- 
ters are culpable for deficiency of political wisdom and foresight, 
it becomes indispensable to take a rapid view of the posture of 
affairs, at the time when the measure was proposed. 

It would only obscure this view, to connect with it any ex- 
amination of the merits of the policy by which affairs were 
brought to their actual condition. Whether that was a perni- 
cious and erroneous course or otherwise is an inquiry foreign to 
this subject. One which in its proper place I am willing to meet. 
But the present question is whether a crisis had arrived in the 
affairs of the State demanding recourse to be had to extraordi- 
nary means for its salvation, and whether it was expedient to 



59 

iooJc for such means to a Convention — whether the ship was 
running on to the breakers, and proper means were taken to 
keep her away, not whether there had been a deviation, or bad 
reckoning kept in any former stage of the voyage. With re- 
spect to the existence of such a crisis there can be but one 
opinion. Our prospects were shrouded in clouds and darkness. 
We were exposed to the calamities which threaten a people 
vulnerable by foreign hostility, unprotected by their Govern- 
ment, fettered by constitutional restraints from using their own 
resources to protect themselves, and embittered against each 
other by feelings of party rancor. The storm of war was gath- 
ering on the sea coast and frontier of the State. The territory 
had been invaded, and part of it remained in the occupation of 
the enemy ; — A hostile fleet hovered near our harbors, menacing 
descent, and proclaiming the intention to pursue a system of 
conflagration and plunder. The treasury had been declared 
bankrupt " (?e /acfo ;" — Stocks were at a discount of 20 per 
cent. ; — No means were possessed by the National Government 
(if inclination were not wanting,) of fortifying posts and har- 
bors, or of furnishing troops for their defence. To crown these 
misfoi'tunes, a misunderstanding had prevailed between the 
President of the United States and the Governor of Massachu- 
setts respecting the concurrent authorities of the National and 
State Governments over the militia. And although the Governor 
in a spirit of accommodation had actually receded from his ob- 
jections so far as to place a detachment at the disposal of the 
Presidential Prefect, yet such were the inconveniencies, jeal- 
ousies, and heart-burnings among the officers and men themselves, 
without regard to party distinction, from this arrangement, 
and so invincible their apprehension of being marched off" to 
Canada, leaving defenceless their own homes, that the Governor 
was compelled to revert to the original plan of retaining them 
under the command of their own officers. Thus arose a dis- 
tressing dilemma. To surmount the repugnance of the militia 
to be turned over to the Prefect was impossible ; — Unless this 
could be done, the National Executive refused to assume the 
payment of the troops ;— A million had already been disbursed 
from the State Treasury in military expenditures ; — All the 
sources of revenue were occupied by the General Government — 



60 

and the requisitions for another campaign must have drained 
the State Treasury of its last cent. No augur) favorable to 
peace appeared in any quarter, and no expectation was cherish- 
ed but of a protracted and arduous contest. Constitutional 
difficulties and embarrassments from the same causes, in a 
greater or less degree, were felt in all the New England States. 
Without the aid of their own militia, they had nothing to save 
their towns and villages (near tiie coast especially) from pro- 
miscuous ruin ; — And without revenue they could not command 
their services. Never was a more perilous emergency. The 
Governor impressed with its importance convened the Legisla- 
ture, and communicated to them his sense of the wants and 
dangers of the State. 

The proceedings of that body and the origin of the Conven- 
tion shall be reserved for another letter. I shall therein attempt 
to shew that this State was under an absolute necessity of ap- 
plying to Congress for its consent to some special arrangement 
for its defence ; — That the other New England States were some 
of tliem in fact, and others likely, to be subject to the same ne- 
cessity ; — Hence it will follow that the expediency of the Con- 
vention depends on the consideration of how far it was proper 
for these States to unite in attempting to obtain for tlie accom- 
modation of all ; — what each would have been obliged (in the 
progress of the war) to ask for itself. 

H. G. OTIS. 



LETTER XI. 

SIR, 

Among the causes which hilve contributed to diiiuse an 
impression to the disadvantage of the Hartford Convention, 
none has had a greater effect, than a confused notion, generally 
prevalent, of its being in itself nu independent or isolated plan, 
intended for the principal and original basis of some new scheme 
of policy — "A castle in the air," from whose invisible towers 
and parapets destruction was to be poured forth upon the Fed- 



61 

eral Union. But this is a great mistake— If was not a scheme 
of any sort — but simply one of a chain of measures emanating 
from one source, and at one time. The end and aim of the 
LegisLature which appointed it was the defence of the country. 
The scheme was to organize a force and to provide a fund tor 
supporting it. The Convention was a measure subsidiary to 
this scheme. It is in connexion with this only that it can be 
fairly examined. It was designed as an instrument to eftect 
ends, to which it was from the beginning declared to be adapt- 
ed. But its enemies will have it that it was secretly destined 
for other ends, which we have seen it was not calculated to 
promote. They refuse to the inventor the benefit of his specifi- 
cation. They deny the utility of the wheel and pully, not be- 
cause they were ill adapted to produce an eftect intended, but 
for the reason that they might be misapplied so as to cause some 
other eftect. This is not fair, in ordinary cases. Means in- 
trinsically bad, can never justify ends — But in judging of the 
expediency of means, not liable to this reproach, what have we 
to rest on without keeping sight of the end ? 

Every member who came to the autumnal session of the Le- 
gislature of 1814, knew that he was summoned to aid in devising 
means of defending the country. The Governor's Message was 
confirmation enough of the fact, that the militia or State troops 
was the only force to be relied on ; that the expense attending le- 
vies of these was not to be expected from the National Treasury; 
that the resources of the State were inadequate to defray it, and 
consequently that without some arrangement with the General 
Government, the horrors of unresisted warfare, or unconditional 
submission, presented the only and deplorable alternative. This 
communication of t!ie Governor was referred to a large Com- 
mittee of both Houses — And their report, of which it is neces- 
sary to give an epitome, comprehended a scheme of defensive 
measures, already alluded to, and to which the Convention, as 
it will appear, was contemplated as being merely instrumental. 
The first resolution reported, was in these words : 

Resolved, That the calamities of war being now brought home to tlie ter- 
fitories of this Commonwealth — a portion of it being in the occupation of 
the enemy — our sea coast and rivers being invaded in several places and in 
all exposed to immediate danger — the people of Massachusetts are impelled 



62 

by the duty of self-defence, and by all the feelings which bind good citizens 
to their country, to unite in the most vigorous measures for defending the 
State and expelling the invader, and no party feelings or political dissen- 
sions can ever interfere with the discharge of this exalted duty." 

This resolution, which one would think pledged all its sup- 
porters to some eftective measures, passed unanimously. 

Another resolution was that providing for the appointment of 
the Convention, recited in a former letter. 

Another, recommended provision to be made for raising a 
corps of State troops, not exceeding ten thousand rank and 
file, to be organized by the Governor, for the defence of the 
State. 

Another, for accepting and organizing volunteers as a part 
of that force, who should hold themselves in readiness to march 
at a moment's warning, to any part of the Common weal tli, to 
be entitled to full pay when in service, and to a compensation 
short of full pay for the term of their enlistment. 

Another, for authorizing a loan not exceeding a million of 
dollars, pledging to provide funds, &c. 

It cannot be too often repeated, that these resolutions apart 
from that relative to the Convention, embraced a system of 
State defence, the adoption of which was rendered imperative 
by circumstances. But to secure to it a permanent efficiency, 
the consent of Congress must be had to some mode of providing 
or reimbursing the expense, the Executive Government having 
declined defraying it. Without calling a Convention, the State 
might have requested that consent on its own account. No ob- 
jection could be made to its doing so. To its petitioning Con- 
gress for what tlie State is now endeavoring to obtain — pay- 
ment of its troops. Here then this question of expediency is 
straitened down to a single point — Was it fit and proper to 

REQUEST the CO-OPERATION OF OTHER StATES IN APPLICATION 

TO Congress for a concession, which it was fit and pro- 
per FOR Massachusetts to REquF.sT for herself; and in 
the obtaining which, those States, being in similar cir- 
cumstances, HAD A similar INTEREST? If this be Considered 
doubtful, or decided in the negative, another arises ; was it 
manifestly and flagrantly unfit and improper — so much so, that 
for attempting to unite more States than one in a request 



63 

which each one might very reasonably have preferred by itself, 
those wlio favored such joinder in petition, should be regarded 
as destitute of justification or apology for their indiscretion? 

To assist the judgment in forming a satisfactory conclusion 
upon either or both tliese questions, certain facts which have 
been but little noticed, become extremely material. Before 
INIassachusetts made any overture to her sister States, and in- 
deed a fortnight prior to the sitting of the Legislature, the State 
of Rhode Island made the first advance to the States of Mas- 
sachusetts and Connecticut. Governor Jones by letter of 21st 
September, informs Governor Strong, that by an act of the Le- 
gislature of Rhode Island, he is authorized and requested in case 
of invasion, to march to the assistance of any neighboring State, 
and accordingly offers his aid, and requests the co-operation of 
Massachusetts upon a like emergency. Governor Strong in re- 
ply, engages to lay his communication before the Legislature 
when it should assemble ; and promises in the mean time to use 
all the constitutional means at his disposal, to aid Rhode Island 
in case of need. In Connecticut the same misunderstanding 
between the General and State Governments, concerning the 
authority over the militia, had arisen, and in consequence, the 
former withdrew its assistance and supplies to the troops called 
out to protect New London (actually blockaded) and other pla- 
ces. In Vermont, some time before this period, the Governor 
had actually ordered back the militia which had been marched 
out of the State, conceiving his own State to be in danger : — 
And in New Hampshire, where Gov. Plumer had conformed to 
the requisition of the President, he thenext year lost his election. 
To this state of things, so much alike, in all parts of New Eng- 
land — and to the communication first made from lihode Island, 
may be traced so far as I am acquainted with the subject, the 
first ^erm of the Convention. In favor of the expediency of 
the measure, it will be obvious, that a joint application from 
several States would promise a more favorable result than a 
solitary one. The New England States were notoriously under 
the influence of similar opinions, and the embarrassment of the 
same collisions with the National Executive respecting the mi- 
litia as I have just hinted. Their contiguous situation, military 
system, general habits, exposure to the same dangers, facilities 



64 

for reciprocal aid, and experience in past times, furnished all 
the inducements and promised all the advantages of the most 
jiiatural alliance. 

Notliing even at this day justifies a doubt that the New Eng- 
land States would have defended themselves ivith more vio-or 
and economy, and of consequence, with more advantage to the 
Union in the proposed mode. Congress, I say again, acquiesced 
in that idea. 

Was there then any thing unnatural or extravagant in the 
conception that these States might by their delegates strike out 
a plan for their mutual defence, by State troops under the au- 
thority of their own officers ; which would obviate all difficulties 
and secure the assent of Congress ? Can it now be contended 
to have been thus monstrous and inadmissible, inasmuch as it 
has in fact the authority of Congress in its favor ? And having 
determined to meet in Convention for that purpose, was it out- 
rageously amiss to embody, with one accord and in one instru- 
ment, the grievances which they felt and the remedies they 
desired, by amendments to the Constitution divested of every 
intimation of aiming at redress, through any but the most peace- 
able and legitimate medium ? 

Protesting against conclusions drawn from the subsequent 
unpopularity of the measure, I ask who could have foreseen this, 
in its full extent ? AVhat reason should have led men conscious 
of honor and integrity, to presume that their opponents would 
fasten upon this measure rather than any other as the spell by 
which their motives were to be branded as suspicious and odious. 
The minority in this State for many years, had done what seem- 
ed to be their utmost, to impress the world with a belief that 
the Federal Party was disaffected to the l^nion. But it was 
thought the only converts to their idle stories were Sir James 
Craig, and John Henry. The cry of Union in danger, had been 
raised for years against its old fjiends by its new ones, upon 
occasions of every sliew of discontent with the ever varying and 
always hideous features of the restrictive system. That it would 
now become a general yell, and rend the welkin, it was not pos- 
sible to foresee. It is true that an opposition of unparalleled 
virulence and effrontery was made to the acceptance of the re- 
port of tlie Committee in botli Houses. But to have yielded to 



65 

such a torrent would have seemed to justify the opening of th-e 
flood gates, through which it issued. There seemed then to be 
no good reason for desisting from a measure, felt by its advo- 
cates to be innocent and useful, especially as it would open a 
natural avenue for a disavowal in behalf of the Eastern States 
of the unworthy aspersions cast upon their character and mo- 
tives, and for conveying to the v/hole people, the sentiments gf 
persons thought worthy of their confidence, upon the obligations 
imposed and the sacrifices required by the trying emergency ; 
which wiiile it should avoid revolting their feelings, by denying 
their justness, might calm the irritation that tended in time, to 
run into extremes. But further, the violence of the opposition 
was directed against all the resolutions, except the first. Never 
was there a display of more egregious inconsistency. They 
agreed that the country was in danger, and that party discord 
should cease, so that a cordial and vigorous union might be had 
for its defence — But they voted against the resolution/or raising 
men and money as well as against that for the Convention. They 
outraged decorum and lost sight of self-respect in suggestions, 
that the proposed force was to be organized as a corps of obser- 
vation on the National Government, and not for co-operation 
with it in defending the country. No substitute was offered, 
but that of placing the militia at the disposal of The Prefect. 
An effort to effect this would have been the signal for general 
insubordination. The abhorrence of the measure, coupled with 
the apprehension of being converted into regulars, and marched 
to Canada, while their homes were exposed to the incursions of 
the enemy was insurmountable. Thus the majority were left 
to act by the light of their own discretion in circumstances al» 
together new, and painfully urgent, and were naturally inspired 
with a disposition to fortify their own measures by a consulta- 
tion with those who were placed by the course of events in like 
circumstances with themselves. As it was thus evidently tlie 
design of the opposition to brand with the stigma of disaffection 
to the Union, whatever was proposed by the advocates for the 
resolutions ; the latter could not hope to avoid the effect of the 
clamor by discarding the resolution for the Convention rather 
than the others. Much less could they anticipate that any such 
impression of the character of that measure, could prevail in 
9 



66 

an enlightened community, convinced as they were that deli- 
rious party rage and malice were the sole motives of those who 
wished to create it. 

There was then nothing to forbid the call of a Convention 
on the score of expediency, but the objectioyi of an abstract 
principle. It may be said, that all meetings of delegates from 
otate Legislatures, to consult upon the great political subjects 
which are confided to the province of the National Govern- 
ment, must be in their nature inexpedient. I am not inclined 
to break a lance with the supporters of this principle, but 
rather to admit its justice — But the situation of tiie Eastern 
States was conceived to afford an exception to the principle. 
A question of constitutional law had arisen between the Gene- 
ral and State Governments, respecting their several obligations 
and authorities — It was a question of that nature and notliing 
more. In no other light should it ever have been viewed. It 
was one of the many questions which naturally arise in all 
confederated governments — X " casus foederis'" — Of the same 
description Avith questions that were frequent before the Am- 
phyctionic Councils in ancient times, and the Aulic Councils 
in modern times — analagous to controversies which have arisen 
in Germany, Holland and Switzerland — And not difterent in 
reality from the dispute on the Missouri question, and twenty 
other questions concerning the conflict of jurisdictions which 
have been raised under our government, and one of which (the 
steam boat question) has been lately adjudicated by the Supreme 
Court. This controversy ought to have been conducted and 
discussed with the same temper. Instead of which, such pains 
had been taken to chafe the public mind, and indeed so unfa- 
vorable were the times to temperate investigation, that the 
majority in Massachusetts could do nothing but endeavor to 
defend tlie State by tlie best practicable means. There could 
be no Umpire between the General Government and the State 
Government. The latter therefore deviated from its regular 
sphere, under the impulse of a necessity ichich is above the law 
—At least such necessity was conceived to exist, and the de- 
parture was not intended to be drawn into precedent. A line 
of sea coast extending continuously around four of those States, 
througii a range of six or seven hundred miles, indented by bays 



67 

and inlets, and communicating with the interior by navigable 
rivers, for the most part unfortified, and altogether unprotected 
by the National arm, was threatened by hostile fleets and armies 
with all the horrors of fire and sword. What could be more 
natural than for the Governments of the States thus circum- 
stanced, to obey the dictates of the law of nature, and endeavor 
to consult and stand together in their own defence ! Such is 
the fair view of the subject, so far as expediency is involved in 
the inquiry. The Convention was not the plan or contrivance 
of one man, or of a junto or cabal, but a simultaneous and in- 
stinctive conception of many — prompted by the nature, and 
the imagined necessity of the case. If indeed the utility of 
this measure were to be judged of by the effect produced by 
the report in allaying the in-itation of the public mind, it 
would be every where crowned with encomium. It operated 
like a charm — like oil poured upon the billows : — And had the 
war continued, (G?>vernment having assumed the payment of 
the State troops,) a ti^in of desirable consequences would have 
followed this report. But if the war had continued without 
such provision, and an attempt had been made to enforce the 
impending conscription, a case would have arisen pregnant 
with ti'ouble, and calling for measures not contemplated in the 
Constitution. What would have been their character, God only 
knows. The powers of the Convention, had ceased. If new 
Conventions had been called, they would have proceeded di- 
rectly from the people. They alone, (and in extreme cases 
only— cases not to be anticipated,) have a right to decide when 
they are absolved from their Federal obligations. Whenever 
such a case occurs, the People and not their Legislators 
WILL CUT the Gordian Knot. May no prophetic eye see fay 
enough to discern when that will happen ! May the evil hour be 
postponed until all the governments of this world, and the world 
itself, shall be dissolved and "leave not a wreck behind!" 

H. G. OTIS. 



68 

LETTER XII 

81R, 

Your readers may probably be glad to hear that I have 
finished the examination I proposed to make of that part of the 
Governor's Speech which alluded to the Hartford Convention. 
I will not increase the risk of being insupportably tedious by a 
recapitulation of the points which I have aimed to establish. 
Some general considerations, however, are connected with it 
which seem to require, at least, a hird's-eye view, but to which 
justice could not be done, in less than the compass of a respect- 
abje volume. 

It seems to be generally admitted, that the influence of the 
Eastern States in the councils of the Union, has been long in 
the wane, and that the importance of Massachusetts has dwin- 
dled into absolute insignificance. Natural causes accounting 
for a considerable diminution of her weight may be found, in 
the varying ratio of her population, in the amputation that she 
submitted to in the hope of saving her constitution and her life 
in the multiplication of new States, and the growing dispropor- 
tion between that interest which in one part of the Union is 
homogeneous, and those various interests in another, among 
■which there is no bond of sympathy. In these and some others 
we must acquiesce, for they are inevitable and included in the 
price we pay for our Union. But these causes are light and 
slow of operation in forcing us into the back ground, in com- 
parison with the disparagement which too many among us have 
for years been eager to bring upon their native State. One 
sickens with chagrin in realizing what a gulf stream of calumny 
has set in the same direction from Massachusetts towards the 
South for years together, bearing on its dark and troubled bil- 
lows the shipwrecked characters of most of those who were 
once dear, and loved, and honored among this people, and of 
the people themselves. It is humiliating indeed, while one 
sees the representatives of the South and West, always prompt 
to catch and to resent a murmur uttered against the character 
and pretensions of his State — Proud of the virtues and talents 
of the good and great among his political opponents ; — blazon- 



69 

ing on all fit occasions the claims, services, sacrifices, and 
qualities of his constituents — The Virginian especially, eulo- 
gizing his own State as the " hominum sator atque divorum" — " 
It is, I say, humiliating to see this, and at the same time to feel 
that if a member from Massachusetts, though he were an "angel 
trumpet tongued," should take up the same strain in favor of 
liis own State, or of her claims of whatever description ; though 
decorum might dissemble the sneer and prevent the smart or 
severe reply, it would be in the power of an unkind adversary 
to bring up the Governor's " old song" and the recitative of th& 
Legislature, and to say — out of the mouth of thine own Govern- 
or, "will I condemn thee, thou wicked servant" — I will prove 
by transcripts of your recorded infamy, under your great seal, 
that for many long years there was no public virtue extant 
among you — That your great men were in the interest of the 
enemy ; and tliat your bands of patriots were nests of vipers. 

In all this there is nothing of exaggeration. From the era 
of the first embargo to the present hour, individuals have suc- 
ceeded each other in laboring not merely to counteract the 
policy, but to disgrace the character of this State especially, 
and of the other Eastern States in general, whenever their own 
party was not in power. I truly thought that every gentleman 
who had been in Congress of late years, without distinction of 
party, and notwithstanding the personal civility and respect he 
may have experienced, had been sensible of the shyness with 
which any measure is regarded, that comes from Massachusetts, 
There is much of urbanity, of respect to private feelings, of at- 
tention to expressed opinions, but nothing of weight or influ- 
ence. Civilities ai'e exchanged, and kindness and friendships 
between individuals formed and cultivated — But every Yankee, 
as I have had reason to imagine, feels that he is not at home — 
acts under restraint, expects no success in measures he origi- 
nates, and at most, faint praise in those he supports. It is not 
because the former political dissentions, as between individ- 
uals, are kept in vivid remembrance — Nor because one is now 
for Paul, and another for Apollos. No doubt, these consider- 
ations have some effect. But while the old party tracks are 
becoming gradually effaced and confounded, by time and the 



70 

course of events, the monumental stones and finger posts 
which indicate the by-road supposed to be taken by this State, 
are preserved and pointed out perpetually by our own citizens. 
The good sense and true interests of the republican party are 
surrendered to the mercy and disposal of editorial popinjays 
and other "ultras," who, in contempt of the example of the 
wise and liberal of their own party, in other places, and of the 
most respectable portion of it here, indulge an unnatural mania 
for running down the character of poor Massachusetts. These 
disinterested persons (apostates and others,) have become so 
outrageously federal, that they affect to think the disgrace of 
the State promotes tlie glory of the nation. By heightening 
live aspect of the general depravity, they would make more 
conspicuous the righteousness of the few, for whose sake the 
city shall be saved. It seems to be with them an aphorism, 
that he who humbleth his State shall be exalted. They are un- 
natural children who reverse tlie story of Saturn, and devour 
their own mother. What weakness ! — Not to perceive tliat the 
character of a State is a common franchise, which like its at- 
mosphere, is incapable of division, and that whoever goes from 
a district reputed to be infected, will be received with shyness 
if he is not shunned, though he carries with him the Doctor's 
certificate of his personal health! By reason of this infatuation, 
Avhich too nearly resembles that which kept the petty States of 
Greece forever divided and dependent on Athens or Sparta; it 
has happened that the good people of this State are in a fair 
way to part with their self-respect. As with men, so with com- 
munities, when the consciousness of dignity of cliaracter is no 
more, the merited loss of character itself soon follows. Al- 
ready it has come to pass that Massachusetts no longer in 
deed tlie tall "anchoring bark" which bore the Admiral's flag, 
but shamefully " ra/.eed," yet still a sound and well manned 
vessel, appears from the Capitol Hill diminished to "her buoy, 
almost too small for sight." It is so universally taken for 
granted, that during the war we not only " left undone what 
we ought to have done," but committed the correlative sin, — 
that in our opposition to the war, there was something of ma- 
lignity or treachery of a peculiar and distinctive character, not 



n 

belonging to opposition elsewhere — that it is now almost toa 
late to deny it, without appearing to incline to the affectation 
of supporting paradoxes. 

Nevertheless for one, at this or any other hazard, I pro- 
nounce the charge as it respects the Eastern States generally, or 
Massachusetts alone, entirely destitute of foundation. But ray 
remarks will be principally confined to the latter — and they 
must of necessity be of a general character. 

In order to fix upon those States or either of them, a charge 
of disaffection more vii'ulent in its nature or dangerous in its 
object than was common to the opposition to administration 
elsewhere — it ought to appear either that the manifestation of it 
was accompanied by a preparation to resist the laws, or by re- 
sistance in fact ; or else that the opposition in this quarter was 
grounded on alleged pretences of discontent, in which the op- 
position in other States did not participate. If neither of these 
assertions can be maintained ; — if no show of actual opposition 
was made ; — nor no pretence of grievance agitated among us, 
but such as was regarded in the same light in other places, there 
is manifest injustice in the condemnation of one and the acquit- 
tal of anotlier, upon evidence equally applicable to all. How 
then stands the evidence I None has ever been suggested of 
any actual opposition prepared or offered to the laws. None 
of Massachusetts having done (I speak of deeds not words) 
"what she ought not to have done." What omission of posi- 
tive duty can then be laid to her charge? In her political ca- 
pacity as a member^ofthe Union she had no duty to perform 
but that of furnishing troops in obedience to requisitions ? 
And can it be pretended that she did not furnish them ? Her 
militia was held in constant readiness from the be^innino- to 
the end of the war. They were always on the alert ; detach- 
ments were made to the full number at any time required ; — 
detachments of soldiers, not mere human bipeds, as destitute of 
equipments as of "feathers ;" but of horse, foot, dragoons, and 
artillery, ready to be embattled. Nothing comparable to this 
state of preparation could be found out of New England. It 
was so perfect at "the head quarters" of the "Boston Stamp," 
as to extort the approbation of the National Executive Govern- 



72 

ment. Tlie preparatives diftered only in two particulars from 
those o{ the South. First, in their completeness, and next in 
their being furnished at our own expense — Money was supplied 
as well as men. The taxes in all their odious and oppressive 
variety were paid with exemplary promptness. It is certain 
that the militia was not in most instances surrendered to the 
National FreJ'ect, and thereby hangs a constitutional question. 
The merits of which I pause not now to examine. But is it 
strange that it should be a question ? 

When in a time of no peculiar excitement we see the Legis- 
lature of Virginia employing counsel to contest the right of 
selling a paltry ticket in the ancient dominion, and that of Ken- 
tucky convulsed, by the assumption of jurisdiction by the Su- 
preme Court in cases involving the validity of a municipal law, 
and her Governor speaking the language of absolute defiance. 
"When we attend to the flame kindled in Ohio, in South Caro- 
lina, and ready to burst forth in every State, South and AVest, 
upon any construction of the Constitution which encounters 
local convenience or habitual prejudice, can it be matter of 
wonder or of censure, that in a case of incomparably greater 
concernment, such a question should have arisen ? If the Presi- 
dent has the right, not only of deciding upon the presence of 
the constitutional contingency which justifies his calling out 
the militia, but also of appointing his Prefects to command them, 
he possesses the power, at any moment, of converting the whole 
militia of the nation into Pretorian Cohorts. I repeat that I stop 
not to discuss this question. I only say it is a tremendous pow- 
er and an awfully pregnant question. A question compared with 
which, the controversies about sedition acts and alien acts, and 
national banks, and Cumberland roads, and lottery tickets, and 
occupying claimants, and " id genua omne,'^ are yjaltry scjuab- 
bles. It is a question about the power of the sword, which 
settles all other questions. If you say it is clear the President 
has it — be it so. But let me ask again ; — Jf'as it then so clear 
that doubtfulness must not be presumed ? So clear that hesita- 
tion became crime ? Was the retention of the command by the 
State Executive, under the circumstances of that day, equiva- 
lent to an obstruction of the laws — a "paralyzing of tlie means 
and agents of the Government r" It cannot be pretended. Thtj 



73 

orders of the Government were carried into effect, though not 
bj the appointed organ. 

Exclusive of this controversy, not an instance can be addu- 
ced of a topic of complaint or remonstrance from the earliest 
hour of the new order of things under Mr. Jefferson, to the 
close of the war, in which either New England or Massachu- 
setts stood alone. None in which they were not countenanced 
and supported by the opposition in Congress from every State 
in the Union; — By the majorities of the Legislatures in other 
States, when occasionally federal; — By the minority, when 
otherwise ; — By meetings in cities, towns, counties, court- 
houses, and squares, in all the States on this side of the Poto- 
mac — sometimes beyond it; — And by the invariable tenor of 
the federal newspapers in every State of the Union. 

These are broad assertions, which it is in any one's power to 
establish or refute, who will consult the newspapers, records 
and documentary evidence of those times. To confirm them 
by adducing the plenary proof of which they are susceptible, 
would require compilations and references much too copious for 
the limits prescribed to these letters. But enough may be com- 
prehended in a glance, to satisfy ijiost readers, or to put them 
in a train to satisfy themselves. 

To commence with the opposition antecedent to the war. 
The object of it is comprized in two words — The restrictive 
system. In all its moods and tenses — through all its labyrinths 
of embargo, nonimportation, and nonintercourse, with its acts 
supplemental and explanatory, and all its reduplications of pains 
and penalties, on land and water. It was to this system and 
to this alone, to which any idea of serious discontent or disaf- 
fection could be attached. This alone had a bearing upon our 
foreign relations, and the peace of the country. In proof of 
this it need only be mentioned that, upon the intelligence of 
Mr. Erskine's arrangement, with our Government, which it was 
supposed had put an end to the " Terrapin" system, the most 
unqualified commendation was bestowed on Mr. Madison by 
his former opponents, and according to a writer devoted to his 
interest, *"he was claimed as a federalist and Washingtonian" 
— and "the democrats began to grow jealous." Decisive testi- 

* "Olive Brancb, by M. Carey." 
10 



74 

monials of gratification in llie arrangement were indubitably 
manifested by the federalists. 

The repugnance felt for these measures everywhere partook of 
the same character, and grew out of similar views of their impol- 
icy. After pronouncing the system to be impolitic, oppressive 
and unconstitutional, originating in fear or partiality to France, 
leading to an alliance with her, destructive of commerce, which 
it was a main purpose of the Union to protect ; censure would 
seem to be exhausted. Those who held this language could carry 
opposition by word no further. It expressed the all comprehen- 
sive articles of the opposition creed. Those who agreed in them 
were of one faith. No reason for attempting to divide them 
into various sects arises from the consideration that one repeat- 
ed the creed oftener, with greater zeal, or in a more varied 
phraseology than another. Whatever of hostility to the Union, 
was the import of this faith in one part of the country, just so 
much and no more was implied in any other. This was un- 
doubtedly the faith of Massachusetts, of her Legislature, and 
of her people. For this she is responsible, judging her always 
by the record, not by fugitive or anon}anous essays, or philippics 
of any sort. This is the extent of her transgression before the 
war. Was then this the faith, and this the language of other 
States — of respectable popular meetings in other places ; of the 
opposition wheresoever existing .-^ Was it held by any one as- 
sembly or by any one respectable person, in whom it cannot be 
presumed to have shewn a spirit of antipatliy to the Union ? If 
so, neither can such inference be admissible against Massachu- 
setts. I affirm then, as matter of notoriety, that these opinions 
were held in ea'tenso, and sounded by the trump of opposition 
through all its regions and departments. For vouchers 1 appeal 
to the public documents as before — And in a particular manner 
to the resolutions of the Philadelphia meeting. Com. Truxton, 
Chairman ; which as the writer above quoted admits, " embrac- 
ed the essence of all the objections raised against it throughout 
the Union." I refer also to the resolutions at Staunton in Vir- 
ginia ; — To the debates in Congress, in wliich the "hand of 
Napoleon" was declared to be visible in the mIioIc system — to 
the celebrated argument of Samuel Dexter, who contended 
against the constitutionality of the act, and did more to fix that 



75 

impression in the minds of the people than any other man, and 
finally again to Matthew Carey, (his work being the text book 
of the revilers of this State) who admits that "no act of the 
Federal Government since its first organization excited so much 
outcry and clamour," and "incessant abuse in all the federal 
papers from New Hampshire to Georgia, and from Mississippi 
to the Atlantic." The same writer also truly states that the 
nonintercourse acts were condemned by both parties. With 
this evidence, which might be heaped like "Pelion upon Ossa," 
I inquire why is Massachusetts doomed by the Inquisition to 
the Jiiito dafe? Is it because she was more sensitive under the 
previous torture ? because her agony was more exquisite ? her 
groans louder and oftener repeated ? If the measure of her ab- 
erration is the same— if she said and wrote nothing more in 
substance against the Pope and the Cardinals than her heretical 
accomplices, why was she alone of the "American family" ex- 
cluded from the pale of the Church ? Let her citizen calumni- 
ators answer that question. 

By principles analagous to those just considered, and by 
evidence of the same kind, it may be demonstrated that the 
opposition of the Eastern States, including Massachusetts, sub- 
sEquENT to the war, was nowise distinguished by any peculi- 
arity or hideousness of feature. But even the very general 
observations which I intend to make on that subject, must, 
contrary to my first intention, be reserved for another commu- 
nication. 

H. G. OTIS. 



LETTER XIII. 

SIR, 

In discussing the last question with which I propose to 
trouble the public — the comparative demerit of the opposition 
subsequent to the war, in Massachusetts and other places — I 
regard an inquiry into the policy of the M^ar itself as foreign to 
my purpose. With the multitude in all countries, success is 



76 

the test of wisdom. And in this country our escape from the 
impending calamities of protracted war, is considered by the 
M'ar-makers, as equivalent to success, though peace could not 
be made until our Ministers were expressly instructed to aban- 
don the great object of contention — impressment; and though 
we were left with an hundred millions of additional debt, to 
say nothing of loss from other sources. 

But conceding for the sake of argument, (what is a very 
ample concession,) that success is merit — that "finis coronat 
opus," and as the war was wise, the opposition was of conse- 
quence impolitic and unjustifiable; I come to the comparison 
between the conduct of opposition in Massachusetts and in 
other places, meaning to maintain, that the character or moral 
quality of this opposition is not distinguishable from that which 
prevailed elsewhere, and was supported by those, the purity 
of whose motives and love of country is not questioned by 
their political adversaries. This, however, seems to be enter- 
ing upon an immense field, and were it necessary to survey it in 
its full extent, I should desist from the undertaking. To exe- 
cute it would be to write a history of the war — But I persuade 
myself, that a few plain and undeniable postulates, and as 
many examples, will enable me satisfactorily to establish the 
position, or at least to put those who wish to go farther, in a 
way to satisfy themselves. 

It must be allowed me then, that the character of an opposi- 
tion to an administration, consists in the moral quality of the 
principles on which it is founded. 

When such opposition is confined to words, the language of 
opposition, and that only, affords evidence of its principles. 

When the principles of such an opposition, situated in differ- 
ent parts of a country, are expressed in language which imports 
similar ideas, the character of that opposition in all those places, 
must be considered as the same. The proclaiming of these prin- 
ciples, more or less frequently — with more or less of zeal or 
indignation — by greater or smaller numbers, and with various 
phraseology, so long as the ideas expressed are alike, does not 
vary the character of the opposition, wheresoever situated. 

It is moreover material to detennine clearly, for what species 
of opposition a State or people is fairly responsible. A Legis- 



rr 

lature certainly is not accountable for the doctrines of the pul- 
pit or the press, farther than they are adopted by itself. The 
people of a State are not so, farther than approbation of them ex- 
pressed in popular meetings, or in their elections, amounts to an 
indication of their general sense. Persons entirely destitute of 
the confidence of their party, may push sound principles to an 
indefensible extreme — Persons possessing that confidence in full 
measure, frequently write or speak under impulses by which 
they would not permit themselves to be governed, when called 
to act. Neither State or people are to be tried and convicted 
upon the impassioned apostrophizing of occasional sermons, es- 
says, or speeches. Let those, who, dissenting from this posi- 
tion, insist upon these things as good evidence, tell us in what 
balance we shall weigh off against them, I will not say merely 
the abominations and scurrilities against AVashington and 
Adams, but the inflammatory resolutions and denunciations of 
the constituted authorities and their measures, for the first 
twelve years after the adoption of the Constitution. Let them 
shew us by what process, we may work equations between 
given quantities of opposition language found in the grave dog- 
mas of Virginia and Kentucky, in Pennsylvania resolutions, 
and Ohio resolutions, and Governor Adair's speech ; and that 
which abounded in the proceedings of Massachusetts and the 
Eastern States, and the speeches of Governor Strong ; so as to 
find out how much the former were minus, and the latter plus, 
the constitutional standard which is exactly one degree short 
of moral treason. If this operation could be performed, and all 
the menacing, disorganizing, anti-federal tenets pervading the 
columns of the opposition papers of those days, could be con- 
trasted with those of later times, though it would be an odious 
occupation to go through with it, this people need not fear the 
result. Rejecting then all ebullitions of passion, and all ex- 
pressions by individuals of disloyalty to the Union, as incon- 
clusive and of no account, except with the limitation just now 
mentioned; I affirm with confidence that the doctrines main- 
tained by the Legislature of Massachusetts, and by all such 
popular meetings, as by their numbers or any other circum- 
stances, can be justly supposed to express a, general sentiment; 
may be demonstrated upon the principles above assumed, to be 



78 

the same in substance with such as were avowed in other States, 
without subjecting them to any particular reproach. 

The great objections to the war were, that it was unnecessa- 
ry — declared improvidently^partial as it respected the selec- 
tion of an enemy — influenced by a fear of France — leading to an 
alliance with her — involving the destruction of commerce-— 
threatening national bankruptcy — tending to the disunion of the 
States — without any prospect of attaining its professed ends. 

All these objections most certainly were urged at various 
times against the war, in the public proceedings of Massachu- 
setts. The}" probably comprehend all the principal objections 
that could be made to it. If the same objections were adopted 
by other States, or popular meetings, or branches of opposition, 
or individuals acting in public and official capacities, upon 
Avhose views and motives no aspersions derogatory to their in- 
tegrity and patriotism have been cast, the comparison is justi- 
fied and the case proved. The first example in point might be 
cited from the debates of the Congress which made the war, and 
those of their successors until the close of it. Not a censure 
upon the war is included in the enumeration just made, which, 
will not be found reiterated in every form of words, by mem- 
bers in opposition from diiferent States, South of New England. 
In the month of August following the declaration of war, a 
meeting of citizens was convened in New York, whose proceed- 
ings, without any auxiliary evidence, are ample for my purpose. 
"Never was such a meeting witnessed in New York for its re- 
spectability and numbers." The Chairman was Colonel Fish — 
The Committee who framed the resolutions were John Jay, 
RuFus King, Gouverneur Morris, Richard Harrison, E. 
Benson, M. Clarkson, Richard Varick. After stating "the 
war declared by a slender majority to be unwise" — "declared 
under unfavorable circumstances, and that the conse{[uences to 
which it leads arc alarming," and explaining the reasons for 
this conclusion, the report adds: 

"That \v<- arc inesistiljly drawn to the conclusion tli.it the American peo- 
ple will, under tlie name and form of an alliance, be submitted to the will 
and power of the French Emperor." "That in this view of the subject, the 
ipiestion of peace or war, involves all that is dear and valuable to man ou 
tills side the grave." "We are therefore under the dire necessity of dcclar- 
inn that \\c have no confidence in the men who have brought us to (his 



79 

perilous condition." They further resolved— " Tftaf Representatives be cho- 
sen in the several counties — discreet men— friends of peace. These Repre- 
sentatives can correspond or confer with each other, and co-opekate wits 
THE FRIENDS OF PEACE in oxir sistcr States, in devising and pursuing such 
constitutional measures as may secure our independence andpreserve our Union, 
both of which are endangered by the present war." 

These resolutions include the essence of all the invectives that 
were ever uttered or that could be uttered against the policy 
of the war, and its threatened consequences. They point also 
to the formation of a Committee of correspondence, and to co- 
operation WITH OTHER States ; to the very object intended 
by instituting the Hartford Convention. In order to lend his 
name to these proceedings, the venerated Jay left the retire- 
ment chosen for his " life's decline." Mr. King also gave 
them the weight of his distinguished character. Indeed the 
entire Committee is composed of men of the very highest emi- 
nence, for talents, virtue, and patriotism ; and the Chairman 
was a distinguished officer of the revolution. They said and 
recommended in effect all that was said or done by Massachu- 
setts. From New York, I pass on to Virginia, though ample 
confirmation of my position, that the language of opposition was 
every where uniform, may be found in every State between the 
two, and no where more decided than in Maryland. In Sep- 
tember 1814, a Convention of delegates from eighteen Counties 
of Virginia was held in Staunton— a very animated address was 
adopted; too long to be here inserted. I give only the fol- 
lowing extract : — 

"As friends of Commercyve ask your co-operation in removing from office 
an administration which has nearly accomplished its total annihilation. As 
friends of Peace we invite your solemn protest against the authors of our 
impolitic aad unnecessary war. As friends of Union we invoke you to ar- 
rest the progress of a system tending to its speedy and awful dissolution." 

In their circular letter they say, 

<'It is to show to our sister States that a powerful minority in Virginia is 
opposed to the fatal policy that has consummated its career, in an unneces- 
sary, precipitate, and ruinous war." 

It would be quite impossible to confine within the bounds of 
as many letters as I have written, the quotations that might be 
made of this same language held in all parts of the country. 



80 

They may be found in overwhelming abundance in the files of the 
Gazettes of the day, by whosoever will take the trouble of mak- 
ing the research. There was in fact but one opinion respecting 
the policy of the war and the necessity of bringing it to a close 
by a change of administration, among all its opponents. The 
proportional numbers of the opposition in tlie Eastern States 
undoubtedly exceeded that of other sections of the United States; 
but the more it became general, the less did it deserve the char- 
acter of faction or to be deemed an object of suspicion. How 
indeed is it possible to reconcile the conduct of men who pre- 
tend great deference for the voice of the people, and in the 
same breath calumniate an opposition so extended and power- 
ful! In the election which first ensued upon the declaration of 
■war, Mr. Madison had not a vote in New England, (Vermont 
excepted,) none in New York, New Jersey, or Delaware. We 
were a divided people in relation to that conflict, and the 
grounds of the division were uniformly known and felt to be 
the same. Against this statement there is absolutely nothing 
to oppose but the threadworn tale of the withholding the militia 
by Governor Strong, and the fact that the complaints of Massa- 
chusetts were more frequent and emphatical. With respect 
to the Militia question, not only were the Governors of the 
New England States agreed in their opinion, on the constitu- 
tional question, but the State of Maryland maintained the same 
construction, though not being opposed and dishonored by her 
own sons, she has received the payment of her claim. And as 
to the repetition of grievances and tlie vehemence of the lan- 
guage of complaint, it was to be expected where most was suf- 
fered and most to be apprehended — in a country dependent for 
its very existence on resources which were on the eve of anni- 
hilation. That an opposition from a portion of the country thus 
circumstanced sliould be more general and intense, and that 
they should exclaim with emotion against measures which threat- 
ened to frustrate a main object of the Union, was naturally to 
be expected; and perhaps it was not out of the ordinary course 
of paltry intrigue that individuals should be tlesirous of reconi- 
mending themselves by magnifying the merit of tlieir own trials 
and efforts at the expense of the character even of the State 
itself; and thus making good tiicir claims to the loaves and 



81 

fishes which the persecution endured by prophets in their own 
country, and among their own kin, would seem to deserve. 
Hence the attrocious misx-epresentations of persons, who, in the 
time of our tribulation, were preparing themselves for the vo- 
cation of sycophants and toad-eaters to the National Govern- 
ment, may be accounted for; but that His Excellency should 
take up and new vamp the tales of other times, seeing that he 
has already had all the reward he can expect from the fountain 
of honor, and consent to become Captain General and Com- 
mander in Chief of the legion of defamation instead of the Com- 
monwealth, must be an embarrassment to any true man who 
shall have the charge of writing his epitaph. On the whole, it 
will appear in the page of impartial history that the federal 
party not mei-ely in Massachusetts, but in all the States most 
adverse to the war, conducted itself with a moderation and 
dignity unexampled in the party struggles of great States. 
When Erskine's arrangement promised peace, they prepared to 
withdraw opposition. When peace was afterwards made, they 
actually and with one accord did withdraw it. The Admin- 
istration and its friends affected to consider the delirium of the 
public joy at our escape from the war as a homage to their 
■popularity. Because our brave citizens defended their House- 
hold Gods, in some instances, from invasion, and our army kept 
its ground upon our own frontier, and our navy supported and 
made glorious, the reputation of our flag, the Government Party 
claimed for themselves, as much as if they had achieved the con- 
quests of Alexander, or destroyed the fleet of Xerxes, or the 
Armada of Spain. They exulted as if the prowess of their 
countrymen by land and water was a new discovery, of which 
they were entitled to the benefit, and as if there had never ex- 
isted a Bunker Hill, or Saratoga, or Monmouth, or Stony Point, 
or Cowpens, or Yorktown ; and as if a naval establishment had 
been their original and favorite measuie. 

They boasted of their peace as if they had not instructed 
their Ministers to conclude a treaty omitting stipulations re- 
specting the principal cause of war, and left the great subject 
of controversy precisely where it was. Still certain incidental 
advantages had resulted from the war. A favorable impression 
of the resources and spirit of the nation, was ijiad^ in Europe. 
11 



82 

The popularity of llie Navy was established, and what was more 
important, visionary theories were supplanted by the practical 
policy of the old federal party. While therefore, Government 
boasted of its victory over the public enemy, the opposition had 
gained a bloodless victory — a victory of principle — the only one 
tiiey aimed at, over their antagonists. With this, they were 
content, and thus not only acquiesced in the triumph of their 
adversaries, without a symptom of spleen or repining, but with 
real good humor and unaffected joy. 

Instead of attempting to organize and engraft upon the na- 
tion, an artificial and undying opposition for which materials 
were not wanting, they shewed that their object was principles 
not men, and magnanimously threw away their badges and uni- 
ted in electing to the first oflice, the man designated by their 
opponents. They have also steadily supported his administra- 
tion, although throughout its seven years continuance, they have 
been systematically excluded from office; as much so as the 
Catholics in England, and the Jews in other countries ; nearly 
as much so as Aliens and Outlaws are excluded every where, 
and more so than it is generally thought politic by a conqueror 
to exclude the citizens of the conquered country ; and though 
the " Union of the republican party" (which means the contin- 
ued interdiction of those who have ceased to act as a party) is 
inculcated as a vital principle. With this sacrifice to the spirit 
of harmony, the democratic party in many of the States, appear 
to be content. Seldom have we founil them seeking or even 
improving an occasion to tear open old wounds. The leading 
men among them under the influence of the liberal feeling which 
in generous natures accompanies success, disdain reverting to 
injurious and oftensive causes of animosity. But here it is far 
otherwise. Here we are to learn even from our Governors that 
it is not enough for our State to otfer her hand without bending 
the knee. That the Phoenix of our influence will not arise until 
we put our hands on our mouths, and our mouths in the ashes 
of that which has expired. That it is not sufficient to have 
waved our constitutional rights, but that pardon must be asked, 
for having made them a question. Influence indeed ! By sur- 
rendering to the National Government every questionable point, 
we shall acquire the inJluence of a rivulet upon the opposing 



83 

tide when it swells its mass of waters and is lost in the sea. 
But the only valuable influence among confederated States is 
of a very different description. It results from the means pos- 
sessed, of bringing over to its measures the other members of a 
confederacy and modifying the general policy by its peculiar 
views of the national interest — This influence has its founda- 
tion in the respect which the State preserves for herself. In 
the selection of able representatives and agents, and the in- 
terest she displays in the fame of the men of principle who 
serve her with fidelity. No State can acquire or preserve in- 
fluence which has not self-respect, and this is not to be the 
fruit of self-abasement. Confessions and repentance are the 
conditions of forgiveness and happiness to the humbled sinner 
in another world — But a State has no immortality. She must 
take care of herself in this world and whenever she admits her 
reputation to be tarnished it is gone. From the moment that 
Massachusetts stands in a white sheet in the Hall of Congress, 
though led in by her Governor, she will be held in contempt by 
those of her Sisters, who claim for their own peccadillos the 
merit of virtues, and who never make confessions. 

H. G. OTIS. 



LETTER XIV. 

SIR, 

Suggestions have reached me from a quarter entitled to 
respect, that while the parallel I have attempted to draw be- 
tween the principles of opposition in the State of Massachusetts, 
and out of it, is correct as far as it goes ; I have left unexamin- 
ed two themes of obloquy and complaint in which this State 
alone is implicated. These are the alleged refusal of the Le- 
gislature to vote thanks to our victorious naval oflicers, and the 
discouragement opposed to the public loans. I cheerfully yield 
to the wish expressed for my view of these matters, though it 
will be recollected that a full retrospect of domestic transac- 
tions, is what I expressly disclaimed the intention of under- 
taking. 



84 

In the Senate of 1813, the following resolve passed that 
body : — 

"Resolved, As the sense of the Senate of Massachusetts, that in a war 
like the present, wag-cd without justifiable cause and prosecuted in a man- 
ner which indicates that conquest and ambition are its real motives, it is not 
becoming a moral and religious people to express any approbation of mili- 
tary or naval exploits which are not immediately connected with the defence 
of the sea coast and the soil." 

Upon a division, the usual federal majority of members pre- 
sent voted in the affirmative. This resolve has been assailed in 
every form of censure. A solemn invocation of defeat and dis- 
grace upon the navy and army could not be liable to greater re- 
viling. But tliough tlie House of Representatives of that year, 
of which I was a member, unanimously voted thanks to Perry 
and others, thereby manifesting a ditterent view of this pro- 
cedure from that entertained by the Senate, yet a dispassionate 
consideration of this resolve and of the accompanying circum- 
stances, will shew it to be quite undeserving of the odium an- 
nexed to it, and far from justifying any inference of hostility to 
the navy or indifference to its glory. Had the sentiment ex- 
pressed in that resolve appeared in a treatise on political moral- 
ity, or been found among the aphorisms of a Peace Society, no 
exceptions would probably be made to it. In order to judge of 
the correctness of this remark, let the converse of the proposi- 
tion be stated. For example — "It is becoming a moral and 
religious people, to exult in the military and naval exploits of a 
war waged without just cause, from motives of conquest and am- 
bition, not connected with tlie defence of the sea coast and the 
soil." Would not many moral and religious persons of all 
parties at this moment hesitate to subscribe to this as an axiom ? 
If so, the objection to the resolve must be found not in the infer- 
ence, but in the assumed premises — In the character given of the 
war; and not in the abstract claim of military and naval prow- 
ess to the approbation of the people. But this same character 
of the war, I have already said, whether justly or not, had been 
given to it a thousand times before this, and in that view the 
resolve is left on the same ground with other censures upon that 
measure. Justice however, to the majority of that day, requires 
a more enlarged consideration of this matter. It has just been 



85 

noticed that the House of Representatives, in wKich the federal 
members were more than two to one, and upon the motion of a 
federalist passed unanimously votes of thanks for our naval 
victories. Here then was a notorious difference of sentiment 
ifl. relation to this point between the two Houses. 

The doctrine maintained in the Senate was — First, that it was 
not the province of the State Legislatures to award this species 
of liomage to victorious officers, and that by assuming to do it, 
they might graduate their praise by a rule different from that 
which the National Government might deem proper to adopt. 
But secondly, and principally, it was said there was manifest 
inconsistency that a legislative body remonstrating with vehe- 
mence against the policy and necessity of the war, should in 
the same breath encourage its authors to persevere, by enacting 
plaudits upon their agents ; and that in the event of successful 
operations in Canada, the precedent would create great em- 
barrassment for those who were opposed to the invasion of that 
country; and who might be called upon to express gratitude for 
what would be cause of regret. If the allegation of these rea- 
sons was insincere, and a mere veil for lukewarm feelings to- 
wai'ds the navy ; there would still be no equity in selecting a 
measure in which the Senate dissented from the House and the 
people, and holding it out detached from innumerable demon- 
strations of very different feelings, as a genuine test of the pre- 
vailing sentiment. Judging, however, of the disposition of all 
who voted in favor of the resolve, by what is known to be true 
of mmiy; their real friendliness to the navy and the indulgence 
which they as private citizens permitted to their joy in its suc- 
cess, were displayed in too many and conspicuous modes to 
leave a doubt respecting their sincerity. Among those Senators 
were persons, who with their political associates were first and 
foremost, to receive with open arms, upon his landing, the hero 
who achieved the first naval victory : To set on foot and pro- 
mote the means of doing him and his gallant officers the highest 
civic honors : — To renew the same cordial oblations of respect 
and gratitude to him who succeeded to the command and the 
glory of Old Ironsides — and to those who shared the honors of 
his triumph. Persons, who assisted and officiated at public en- 
tertainments given to these officers — who, from that monjent 



86 

cherished and cultivated an acquaintance with them and their 
brethren of the sword as opportunity oft'ered, and to this hour 
have remained upon terms of strict intimacy and friendship with 
many of their number. 

Leaving then this inquiry as it relates to the branch of the 
Legislature ivhich passed the resolve, I refer you a moment to 
other indications of the sense of the Avhole federal party on the 
subject of our naval victories. Those whose entire stock of cal- 
umny against that party is composed of gleanings from the Ga- 
zettes, must admit as proof of public opinion, the universal and 
invariable attestation of tlmse very newspapers, to whose occa- 
sional and limited overflowings of zeal, they resort, in order to 
convict the people of disloyalty. It may be said with confi- 
dence, that from the first moment of the war to the last, the in- 
variable tenor of those newspapers showed an entire devoted- 
ness to the interest and honor of the navy. Their columns 
were promptly filled with glowing descriptions of naval suc- 
cess. No power of language can express more strongly the en- 
thusiasm felt in regard to every thing appertaining to the navy. 
How could it be otherwise ? Every victory was a homage oftered 
to federal policy. Every brilliant achievement was the accom- 
plishment of federal prediction. How long and how often had 
the enlightened foresight of the old federal party, calculating 
upon the aptitude of our people for this species of defence, 
pointed to the ocean which surrounds us, as the element on 
which danger must be met, and protection sought ! The Con- 
gressional debates from the days of Washington to the epoch of 
the war, are a continued record of exertions by one party in 
favor, and of another in opposition to a naval establishment. 
Every bulletin from the Ocean and the Lakes, was an encomi- 
um upon the policy recommended by Washington, strenuously 
inculcated by Adams, rejected by Jefterson, and forced upon 
Madison ; as it was also a satire upon the "Chinese" system, 
by which it was so long counteracted. The object which was 
constantly and preeminently the favorite of the old federalists, 
was the NAVY. They regarded the thirteen stripes as the 
consecrated " Labauum." Their prophecy from the first, was, 
"by this sign you shall conquer." Yet by the wayward fate 
which attends human affairs, our naval heroes have fought their 



87 

adversaries into popularity, while their friends, the original 
patrons of the navy, are put to act upon the defensive, and to 
maintain by argument their friendliness to a darling object. 
The "Lilliputian ties," have been broken, and the fleet has 
been towed into the enemy's harbor. Against this constancy 
of affection, this policy of the heart as well as of the head of 
New England, evinced by day and by night, in season and out 
of season, there is nothing to oppose, but the solitary vote above 
mentioned. Yet this has been exaggerated and tortured into 
every form of obloquy. The withholding of thanks has been 
deemed equivalent to a denunciation of censure, and a refusal 
to exult in success, regarded as the avowal of regret that it was 
not defeat. In conclusion. From the proceedings of the Le- 
gislature of Massachusetts, taken together, no sentiment of dis- 
affection to the navy, or want of interest in the reputation of 
its officers, can be inferred, but the reverse. The Senate (the 
number of federal members being between twenty and thirty) 
passed a resolve (more in the nature of an abstract position of 
political morality than of a legislative enactment) importing 
that the biilliance of the exploit is not a subject for thanks from 
those who do not approve of the cause. In other words, that 
the end and not the means, is always to be regarded. The 
House of Representatives (the number of federal members be- 
ing between two and three hundred) voted thanks to the navy 
on the ground that the officer cannot choose his service, and 
that honor is always due to the brave who obeys orders. But 
in the prosecution of the goodly work of dishonoring ourselves, 
the vote of the Senate detached from its preamble, has served 
as a watchword to rouse and cherish the popular pi-ejudice, 
while that of the House is constantly permitted to slumber in 
silence. 

H. G. OTIS. 



LETTER XV. 
SIR, 

Those who are intent upon distorting every event which 
occured in Massachusetts to the depreciation of her character^ 



88 

were not satisfied with denying to the people the right of as- 
sembling and consulting upon their grievances, and to the Le- 
gislature that of public protestation against measures thought 
to be detrimental to the Republic, but tliey present as a crying 
enormity and peculiar to our citizens, their refusal to subscribe 
to the War Loans. In order, however, to avoid the manifest 
absurdity of applying this cliarge exclusively to this part of the 
country, it has been roundly asserted, that "associations were 
formed" to deter jiersons from subscribing bij threats. This as- 
sertion is, I have reason to think, entirely unfounded. No 
knowledge or even whisper of any such association ever reach- 
ed my ears, and I believe on my honor and conscience, that 
none such was ever formed or thought of, though as usual my 
name has been audaciously mentioned as a party concerned. 

It is very certain, that when the war was declared, a general 
and extreme disinclination prevailed among the monied men, 
against taking a concern in the public loans — Nor was there 
any very considerable abatement of that aversion, during the 
continuance of the war. They regarded it as made by one ge- 
ographical division of the country,* without the consent of the 
other, and by the procurement of other classes against the in- 
terest and wish of the monied class. They persuaded them- 
selves at first, that tlie conflict must speedily be terminated 
unless money was supplied, that peace was within the control 
of administration, and that they were not called upon to find 
sinews for a war which they were anxious to iuive brouglit to an 
end. Persons entertaining these opinions, would naturally 
promulge them — They might commune with and influence each 
other — To lend or not to lend, is a question on which monied 

'VOTES IN CONGRESS ON THE WAR QUESTION. 

IN SENATE. 

For Peace. 
South of Delaware, . - - - 3 
North of Delaware, - - - - 10 

;sE. 

For Peace. 

North of Dehiware, - - - - 36 
South of Delaware, - - - - 13 
In tlic Autumn immediately following the declaration of war, the Peace 

ELECTORAL Ticket in Massachusetts succeeded by a MAJORITY of 

03=24,023. 



For War. 




North of Delaware, - - 


- - 5 


South of Delaware, - - 


- - 14 




IS 


For War. 




North of D(!lawarc, - - 


- - 17 


South of Delaware, - - 


- - Crl 



S9 

men in all countries consult together, and ascertain each others 
general views. They form different connexions and associa- 
tions — accept or reject terms — enter into competitions for the 
loan, or refuse it altogether as they please. The terms of a 
loan also and the state of the public credit are fair subjects of 
discussion. Every man may declare his opinion as of right-— 
And if he thinks ill of them, he may fairly apprize those who 
rely on his judgment, of his sentiments. In these transactions, 
men are governed by the dictates of interest and not of patri- 
otism. Exceptions to this rule are always objects of admira- 
tion. If, when Mr. Dallas unveiled the secrets of the treasury 
and bankruptcy stood confessed, it had pleased some of our 
Republican Millionaires, to have -descended like Jupiters in 
showers of gold through the roof; they would have deserved 
the honors of him who plunged into the Curtian gulf, and 
as it happens, would have met a happier fate. But many 
such examples were not to be expected ; and I believe that 
not one was found who loaned money at par. So that the 
parallel of patriotism must be run between those institutions and 
individuals, who disapproving the war, and distrusting the se- 
curity of the public resources, withheld their contributions and 
proclaimed their opinions ; and those who thinking favorably of 
both, assisted their injured country in the pursuit of redress, 
by taking the loans, demanding a discount of only twelve per 
cent, as a premium for their disinterested love of country. Un- 
fortunately for mankind, the days of patriotic oblation have 
gone by; so far, I mean, as respects silver, and gold, and jew- 
els. Not of services — these I know may be had in profusion. 
No country can vie with ours in numbers who are ready to de- 
vote their talents to the service of their country, in the humblest 
as well as the highest departments. These talents, however, 
are not golden or gratuitous. Whatever they possess of ster- 
ling worth of another description must be paid for, though not 
always compensated. Those must attain to a great age indeed, 
who live to see the thanks of the nation deserved by or given 
to any man for taking up a loan. It is always an affair of cal- 
culation, though it may be prompted or accompanied by a real 
desire to support the public credit, and is so far laudable. In 
this view of the subject, it will be found that every proposal for 
12 



90 

a loan gives rise to some sort of association. When the Chan- 
cellor of the British Exchequer opened his budgets during the 
late war there were always associations. And if one great 
banker and his friends known to be in opposition to the Ad- 
ministration had for any reasons connected with his views of 
the public credit or the terms of the loan, declined taking it and 
made his reasons known at Lloyd's Coffee House ; and another 
great banker with his friends had in consequence taken it with 
a better bomis, would it not have seemed ridiculous to the En- 
glish nation that the latter should have crowed up his own well 
paid patriotism, and decryed the conduct of the former as in- 
dicative of enmity to the Constitution and safety of the country ! 
To shew that obstructions to the loan were pushed to an ex- 
treme, and that threats were employed ; extracts as usual are 
made from the newspapers. It is not incumbent, I repeat, 
upon the old majority of the State to justify the sallies of zeal, 
or satire, or sensibility which may have escaped from the pens 
of individuals on this or any other topic. Yet what was the 
scope of the imputed theatenings ? Never that I have seen, of 
pains or penalties, of injury to life, or limb, or property. Nei- 
ther of tar and feathers or effigies. Some half dozen essays, 
more or less, may be found by those who go mousing among old 
files and pigeon holes, wherein the writers, of their own mere 
authority pronounce very strong censures upon those who being 
opposed to the war will nevertheless contribute pecuniary aids. 
But the sum total of the threats is that they will be put in Co- 
mntry by their party. And what very dreadful sentence would 
that have been to those who were restrained by that consideration 
onlij, from lending their money, even if the writers of those 
essays had possessed (which they did not) the means of giving 
effect to their menaces ? Verily I say unto thee, they would 
have had their reward. 

But the most shameless argument, (if its malignity were not 
neutralized by its folly,) to prove the existence of "a reign of 
terror," was drawn from the advertisements of brokers who of- 
fered to receive proposals and effect subscriptions, without dis- 
closing; names. The inference is, that this was intended as a 
screen for those who were afraid to be known as subscribers. 
Now the plain truth is, that it was understood at the Treasury 



91 

Department, that individuals whose proposals might be rejected, 
would (from a disposition natural to most men to conceal nego- 
tiations which issue in no contract,) be desirous of keeping their 
names out of sight, and the notices from the treasury encoura- 
ged the expectation that this should be done. As to those who 
should take the loans, the concealment, in the nature of things, 
could be but temporary. They would hardly permit the brokers 
to be their permanent trustees. They would either hold or sell 
their stock when subscribed for, and their names could not fail 
to be known. Besides, the treasury documents were always 
subject to the call of Congress. The brokers therefore issued 
their proposals in conformity to those of the treasury, but no 
man could have expected to be a subscriber and keep for any 
length of time under the rose. 

It is certainly not a correct view of the social compact, to 
assume, that in a time of public distress, the monied capital- 
ist is under any peculiar obligation to advance or risk his money 
by lending it to the country. Such an obligation is equally 
binding upon all who have any money to spare, whether the sum 
be great or small ; and no reason can be perceived why those 
who have property which may be converted into money, with- 
out material sacrifice, should be excused from such contribu- 
tion. Those, therefore, who had neither money, or property 
to command money beyond their fair and ordinary expendi- 
tures, are alone entitled to complain against their fellow citi- 
zens, who, with themselves, declined becoming public creditors. 
He only who is "guiltless," is authorized to "cast the first 

stone." 

I now sir, take my leave of you, and of those who have con- 
descended to read these letters. In writing them I have at- 
tempted to discharge a duty to my native State, and to defend 
the people against the slanders of their Chief Magistrate. And 
though, to judge from appearances, some are more ready to kiss 
the rod, than to vindicate their own honor, the time will come 
when the statements and principles of constitutional law con- 
tained in these letters; expounded by abler pens and under 
more auspicious circumstances, will be approved by all, except 
those who acquiesce in the disgrace of the State, so long as it 
involves the disparagement of their adversaries. This virulent 



92 

feeliug cannol, I trust, continue to be the ruling impulse of 
great numbers of any party. 

For myself, I am aware that my enlistment in this defence, 
can be productive of no possible personal advantage. On the 
contrary, this taking up of the gauntlet in behalf of my party, 
may seem to imply the admission, that I am peculiarly respon- 
sible for the project of the Convention, and other measures ob- 
noxious to popular jealousy and censure, and thus to sanction 
the odiousness whicli is attempted to be brought upon my polit- 
ical character. To all this, I content myself with opposing my 
simple negation, and appealing to the well-informed of my co- 
temporaries of both parties. My political sins are those of 
Congresses, Senates, and Houses of Representatives — of a ma- 
jority of the people, first of the United States, then of my native 
State and City. Of my full aliquot part of these I would no- 
thing extenuate, and more should not be set down to me in 
malice. 1 have lived to see triumphant all the principles of 
the great original federal party, of which Washington was the 
head, and of which I was an individual member, though by the 
perversity of the course of human affairs, I have survived the 
downfall of the party itself. There is no prominent feature of 
federal policy (unless the alien and sedition acts be so regard- 
ed by means of a factitious importance) which the ruling party 
has not found itself compelled to adopt, and place in a bolder 
relief. The funding system — bank, navy, army, loans, taxes, 
embassies, in short, whatever appertaining to the civil and mil- 
itary establishments was formerly a theme of opposition, have 
been patronized, not merely as appendages, but essentials to the 
machinery of government. All the hydras and chimeras are 
transformed into goodly shapes and proper agents. And not 
a question has been decided, nor as far as I am informed, agi- 
tated upon old party principles, since the peace. With this 
state of things as it aftccts myself, I am so perfectly content, as 
to be inaccessible to any uneasiness or regret, except what ari- 
ses from an apprehension that tl\ese letters may be thought by 
some to be dictated by spleen or other unworthy personal con- 
sideration. Against this, I can only once more oppose the 
assurance of my word, and trust to time to become my compur- 
gator. And I assure tliose by whose strenuous opposition I 



93 

have become privileged to devote the few years of health and 
vigor, which through Divine goodness may possibly be mine, to 
retirement from public employment, that they have not only 
done me a favor, but restored to me a tranquillity of mind 
which is interrupted by no unkindly feeling towards them as a 
party, nor even to their musquito auxiliaries, which, when 
gorged with my blood, will fly off, and in due time fasten their 
little stings in some new prey. 

So far, however, as relates to the great party with whom it 
will be always a subject of pride and pleasure to me, to have 
acted, I confess that I regard the state of public affairs not 
without emotions of apprehension and sorrow. Our party divi- 
sions no longer deriving nutriment from collisions of real in- 
terests and opinions of general policy, have become personal. 
This, which has ever beenb 13 most dangerous division in all re- 
publics, inspiring implacable and hereditary animosities among 
citizens, after the causes of their original schisms have ceased ; 
threatens, if I understand the tendency of things aright, more 
of serious and permanent evil than has elsewhere proceeded 
from the same prolific source. In other countries, where these 
personal divisions (or if you please factions) have existed, 
the representative principle was at best but imperfectly under- 
stood or adopted in practice. The contests and dissentions of 
the old republics were carried on among the people in their 
primary assemblies, and hence it was impossible, especially 
where more than one State was concerned, to give such a di- 
rection to the suffrages of the people as should uniformly secure 
a dominant party against the enterprize and occasional success 
of its rival in obtaining a share in the administration of affairs — 
but this is to be done, and is pretty nearly effected among us, by 
a misapplication of the Frinciple of Representation. This great 
principle, in its purity the noblest of all human discoveries — the 
main regulator of the machinery of a free government, may bt* 
so perverted and misapplied as to give an overwhelming force 
to one of the parties in a State instead of preserving a just bal- 
ance among all. Through this medium, a tremendous organi- 
zation of the dominant party has already taken place throughoui 
the Union, for permanently securing to itself the powers of 
Government without a participation by those wlio once were, 



94 

but have long ceased to be a party different in principle from 
themselves. This great party is itself convulsed by feuds and 
subdivisions, and cabals in behalf of different favorites — But all 
these become subservient to the paramount antipathy entertain- 
ed against their ancient rivals. The only object in which they 
are unanimous, is so to concert operations as to keep power in 
the hands of the Republican family, when in truth there is no 
difference between a member of the Republican family and the 
persons they persecute, but what consists in this very spirit of 
intolerance and exclusion. On this principle they act openly and 
universally — They have never departed from it a moment — 
And no man from the President of the United States down to 
the Tub Orators, affects to disguise it. It is of no conse- 
quence in this connexion that the leading men are not agreed 
upon who shall be in office. They are perfectly of a mind as 
to who shall be disqualified. No matter, in this view, which 
candidate comes to be President ; it being understood that each 
under the pains and forfeitures of treachery to his party is to 
maintain them in their monopoly of honor and office. Here 
then 1 venture to affirm is a personal division of parties, more 
formidable than the world has ever seen, whether we regard 
numbers, or the means possessed by one of strengthening itself 
and oppressing others. When this state of affairs is consider- 
ed, and one reflects that the tyranny too often exercised in 
republics by one popular faction over another, has been display- 
ed in every variety of violence and oppression that are imputa- 
ble to other species of despotism ; it is imposible to look down 
the vale of futurity and to ruminate "On rising kingdoms and 
on falling States," without sad misgivings. It is a new political 
problem to be resolved ; what will be the fate of a republic, 
where a vast number of citizens, in all respects qualified to take 
part in public affairs, find themselves and their families degra- 
ded to a caste, which by the silent but irresistible effect of an 
intelligence among equals of no better pretensions ; and for no 
reason but a difference in name, (which may be applied with 
arbitrary injustice to the third and fourth generation) is perma- 
nently shut out from the public confidence. They must indeed 
be more or less than men, to remain without feelings of bitter 
resentment, and dispositions to seize every occasion of escape 



95 

from this ignominious durance. They cannot but regard them- 
selves victims of a more galling dispensation than the Catholics 
in England or the Greeks in Turkey, in proportion as there will 
be less of pretence for any discrimination. First or last, they 
will be driven to organize themselves in their turn. And new 
indications of concerted movements intended on their part will 
furnish pretexts for a more vigorous exclusion and a more intol- 
erable "clominatio plebis.'^ But I have no inclination to trace 
consequences further. Let tliose who incline to do so, resort 
to history. If this system be pursued ; and through the re- 
deeming qualities of intelligence in the citizens — their public 
virtue, and any peculiar principle in our forms of Government, 
these consequences stop short of those which, from causes sim- 
ilar in character, but never so fearfully combined, have befallen 
other States, those who live after us will have abundant cause 
to claim the distinction of a chosen people. 

H. G. OTIS. 



m 



NOTE TO LAST LETTER. 



Having declared my opinion that Loans to Government 
during the war were not a subject deserving of praise, nor the 
refusal to loan, of censure ; the following correspondence arro- 
gates no credit for opinions held by me during the war, in rela- 
tion to that subject. It leaves, however, all at liberty to judge 
how far those opinions are consistent with dispositions to go all 
lengths, which have been so kindly imputed to the members of 
the Hartford Convention. Nothing was concluded, at the meet- 
ing referred to in these letters. All were left free to act for 
themselves. I am bound in candor, however, to admit that un- 
til after the expectation of stopping the war had ceased by the 
rejection of tenus of accommodation, I cherished the hope, and 
very probably expressed it in conversation, that the capitalists 
here would not take the loans. I add, as my opinion merely, 
that had it been premised in this quarter, that Government 
would instruct Ministers to treat for peace, on the terms after- 
wards agreed to, they could have commanded much of the dis- 
posable capital in this part of the country. 



BOSTON, JULY 2, 1819. 
Dear Sir. ...You must doubtles.s remember that during the last war, a 
gentlemnn of high character, came hither from Philadelpliia, bearing pro- 
posals from some opulent persons in that city to men of the same descrip- 
tion in this, to be concerned in taking one of the loans proposed by the 
United States. That on this suggestion a meeting was had of some of our 
principal and most opulent citizens, at which the expediency of subscribing 
to this loan was submitted to their consideration. On tliat occasion I was 
of the number of those who recommended the measure, and professed my 
readiness to be concerned in it with my friends. I assumed tliat the reasons 
which might have induced the opposers of the war to withhold their aid in 
the first loan through a hope of stopping the progress of hostilities, liad 
ceased : — That we were committed with tiie Government to the chances of 
a confirmed state of open war : — Tliat the money would be had, however 
enormous the terms, and that if the debt sliould be redeemed, those who did 
not participate in the profit must still be charged with the burden of the ex- 
cessive premium, and that if it should not be paid, the failure must be ia 
consequence of a prostration of public credit thai would be dttriBitntal to 



97 

property of every description, and which of course the rich should endeavor 
to prevent. That an ultimate failure of the public credit was not likely to 
happen in a country whose resources were increasing like ours, and that 
the lenders of money might acquire some consideration with the Govern- 
ment of which a use favorable to a pacific policy might be made. I was 
however overruled by the opinion of a majority, and nothing was done. It 
would be gratifying to me to receive at your leisure ten lines expressive of 
your recollection of these facts, or any of them, and of any other circum- 
stances explanatory of the part I then took in that discussion. I have no 
view to any specific use to be made of your answer in humiliating vindica- 
tions of the course I pursued, or in idle pretensions to foresight and cor- 
rectness of opinion. But it is possible I may avail myself of it to satisfy the 
curiosity ef some who may take an interest in the humble but anxious part 
which I bore in the afifairs of the times. 

Respectfully, yours, 

H. G. OTIS. 
Hon. G. Cabot. 



BOSTON, JULY 3, 1819. 
My Dear Sir. ...By your note of yesterday, I am desired to state my 
I'ecollections of what passed, and especially of what part you took in a con- 
versation at an early period of the war, held in this town, on the expediency 
of lending money to the Government of the United States. I remember that 
at the request of a gentleman from Philadelphia, a meeting of some of our 
wealthiest citizens was called at the time, to which you refer, and that the 
question proposed for their consideration was, whether the federalists here 
ought to become subscribers to a loan solicited by the Government of the 
United States. I well recollect that you was decidedly in favor of a sub- 
scription, and expressed your readiness to take a portion with your friends. 
In support of tiiis proposition you observed, that all hopes of preventing or 
stopping hostilities had been long extinguished ; that we were now at open 
war, and must all share in its consequences to our country ; that the tempo- 
rary failure of public credit would be a great calamity, and would load us 
with a heavy debt, which would be contracted at a ruinous discount, but must 
probably be discharged by a full payment of the nominal amount. You agreed 
that the resources of the nation being ample for its defence, must be consid- 
ered as pledged for the attainment of that object at all times, and that if we 
did not choose to partake of the advantageous premiums on the loans, we 
must, at any rate, bear our part of the burden. 

These are my general impressions of the subject of your inquiry — doubt- 
less, there are many unimportant particulars, which, at this distanctj of time, 
I am unable to retrace ; but as they cannot be of a difierent character, I shall 
be happy if these give you satisfaction, — being very truly, and with great re- 
spect, your assured friend and servant, 

GEO. C.\BOT. 



98 



[Several of the subscribers to this series of Letters upon the Hartford 
Convention, have expressed their desire to the publisher to see Mr. Otis' 
Letter upon the Massachusetts Claim, printed In the same volume; — this 
was not contemplated in the prospectus, but he most readily and cheerfully 
accedes to the suggestion of his patrons.] 



MASSACHUSETTS CLAIM. 



SIR, 

Being well irifunned tliat very significant inquiries are 
occasionally made concerning the delay to bring before Con- 
gress the Massachusetts Claim, these last five years, I consider 
it due to my colleagues of the Senate and House during that 
period, as well as to myself, to oft'er you for publication a brief 
statement of facts. Upon taking my seat in the Senate in the 
winter of 1817-18, (after ascertaining that the Secretary of 
War felt himself bound by the former decision of his predeces- 
sor,) I lost no time in consulting with Mr. Ashmun, my brother 
Senator, and others friendly to the Claim, especially Mr. King, 
upon the most advisable mode of introducing the subject before 
Congress. They were all agreed upon the inexpediency of 
taking the first step in the Senate. It was not usual to origi- 
nate applications of this nature in that body. The right of 
propounding revenue bills in the House, by a sort of tacit con- 
sent, had been extended to other bills requiring considerable 
new appropriations. The Claim would encounter much of pop- 
ular prejudice, which could be allayeil only by a thorough exa- 
mination of its merits in the House. Success in the Senate 
might not be auspicious to its fate in the House, while the loss 
of the bill in the former branch could not fail to augment the 
obstacles in the latter. These opinions were supported by sev- 
eral distinguished gentlemen of the majority, who, admitting 
that their first impressions were adverse to the Claim, had the 
magnanimity to wish that it might be presented under the most 
propitious aspect, and receive the most dispassionate examina- 
tion. It M as thereupon determined at a meeting of the whole 



99 

delegation of both Houses, to commence operations in the House, 
of Representatives, and for this purpose, the gentlemen most 
friendly to the Claim, entered with me upon a laborious inves- 
tigation of the documentary evidence, and requested me to pre- 
pare a statement calculated to dissipate prejudice, and call the 
attention of those whose duty it would be to decide upon it, to 
its true merits. Such a statement accordingly, in a pamphlet 
form, (with references to the very able memorial of Messrs. 
Lloyd and Sumner, formerly presented to the War Depart- 
ment, and other documents,) I digested with much labor, and 
all possible diligence, and it being approved by Messrs. Mason, 
Whitman, and by the greater part of my associates, was printed 
and a copy placed in the hands of each member. The Speaker 
evinced great liberality in the appointment of a committee upon 
the memorial ; And the minority of the committee, though at 
first inclined against the Claim, (and perhaps not finally recon- 
ciled to it,) after an examination of the documents, magnani- 
mously agreed that the majoritv might make out in their report, 
the most favorable case, which in tlieir view, the evidence would 
warrant, and that the same should be presented with an under- 
standing that they were not pledged to support it, unless upon 
mature deliberation and debate they should see fit to do so. As 
my attention had been much devoted to the subject in writing 
the pamphlet, the committee did me the honor to engage me to 
frame the report. It fortunately received their approbation, 
and was made without any material variation. By the prin- 
ciples therein stated, the Claim must, I am persuaded, stand or 
fall. They are the principles of substantial justice, applicable 
to facts supported by the most conclusive evidence : And when- 
ever they shall be urged by the cordial and concurrent influence 
of Massachusetts and Maine, hef ore an impartial Congress, they 
must prevail. The report was made to the House of Represen- 
tatives many weeks before the end of the session, but such was 
the accumulation of business, that it could not take its place in 
the orders of the day, before the end of the session. 

Both the pamphlet and report assume a correct view of the 
question, which, however repugnant to the received opinion, is 
undeniably true. The almost universid popular impression was, 
and to a great extent among the friends and adversaries of tlie 



100 

Claim yet is, that the withholding of the militia from the command 
of General Dearborn by Governor Strong, was in consequence of 
the difterence of opinion between the National and State Exec- 
utives respecting the constitutional right to command. But this 
opinion, so far as it relates to troops or services for which com- 
pensation is now claimed, (with the exception perhaps of some 
inconsiderable particulars,) has no foundation in fact. In July, 
1814, (prior to which the State claims little or nothing,) there 
were no orders in existence from the President to the Governor. 
The orders to which the Governor declined a. formal obedience, 
were issued in 1812, and had e.vpired in April, 1814, together 
with the law from ivhich ihcij emanated. AVith the new re- 
quisition made in July, 1814, by General Dearborn, Governor 
Strong literally complied. This put an end to the constitu- 
tional controversy. The Governor waved, if he did not aban- 
don it: And though he did not afterwards in all cases literally 
(but only substantially) comply with other requisitions, the non- 
compliance was not attributable to the Governor's disposition 
to revive that question ; but to other circumstances. In fact, to 
a reluctance on the part of the militia to engage in service un- 
der a Military Prefect — to a fear of being drawn oif to Canada, 
and a determination not to go thither; and to the derangement 
of companies and officers under the last order. These pre- 
vailed without regard to political parties, (as the documents 
prove,) and these the Governor could not control, though he 
made sincere efforts to get over the difficulties. It appeared to 
the federal members of Massachusetts, that this was a most rad- 
ical and important distinction — that it placed the Claim on an 
impregnable foundation, and taken in connexion with the actual 
service, and the real concert (sufficient for all practical purpo- 
ses) which prevailed after July, 1814, between the officers of 
the United States, including General Dearborn himself, and 
the State Officers, put an end to all just objection to its allow- 
ance. We also thought this ground might be assumed with 
perfect consistency, by those of our colleagues whose political 
creed differed from ours — and tliat they ought to be glad, and 
happy, and cordial, in aiding us to maintain it. But som.e of 
them, including, I believe, all from Maine, could not view the 
question in this light. They entirely declined pledging them- 



101 

selves to an active support of arguments founded on this basis. 
It was accordingly the decided sentiment of every friend to the 
Claim in the House of Representatives, that this disposition of 
the members interested, would create a paralysis in one quar- 
ter, while a fever would be unavoidable in another, and that the 
Claim could not struggle with such fearful odds. 

In the next session the bill was committed to a Committee of 
the whole House ; but for the reasons above stated, and which, 
by Mr. Mellen and myself, were at the time comjnunicated to 
the Governor, and by him to the Legislature, (and for no other 
reasons,) it was permitted by its friends to slumber on the files. 

In the session of 1822, Mr. Mills and myself received from 
His Excellency the Governor new instructions to bring forward 
the Claim — still leaving to our discretion the choice of means. 
Mr. Gorham was our fellow lodger, and it was agreed between 
us, to attempt once more to bring the members of the delega- 
tions of Massachusetts and Maine, into an agreement, to renew 
an application to the President of the United States, for in- 
structions to the War Department to examine the accounts. 
Since the exhibition and rejection of the memorial of Messrs. 
Lloyd and Sumner, in 1817, the Claim of Maryland had been 
allowed, and (as we conceived) other claims of a less merit- 
orious character than that of Massachusetts. The rejection of 
the memorial of those gentlemen, happened during a vacancy 
in the chief office of the War Department — before the ferment 
of opinion growing out of the war had subsided ; and under a 
firm conviction in the mind of Mr. Madison, that the constitu- 
tional controversy, and that alone, had occasioned the omission 
to yield the militia upon every requisition. Several meetings 
were had, at which it was proposed to make a respectful appli- 
cation to the President, recalling to his recollection these facts, 
to the end of inducing him to review the decision on the above- 
mentioned memorial, and authorize the examination of the 
vouchers. Much delay took place, and several adjournments, 
to aftbrd opportunity to the Senators from Maine to receive in- 
structions. We prepared a memorial to the President, which 
we endeavored to make unexceptionable to gentlemen of buth 
parties; but I left Washington before the Senators from Maine 
were ready to act upon it. The gentleman in whose hands I 



102 

lei't it, iut'ormed me that it was not acceptable to some individ- 
uals, who were averse to the admission of any fact which mio-ht 
exculpate the Government of Massachusetts. Another was 
therefore framed in very general terms, and presented too late 
to be acted upon; but in consequence of which, at the next 
session, as I have understood, the President had been pleased 
to grant the desired order. It would have been quite impossi- 
ble for those of my colleagues in the Senate and House, with 
whose views I had the honor to concur, or for myself, to have 
exerted ourselves with more fidelity and industry, if the reward 
for performing those duties had been the amount of the Claim. 
Nothing could be done in the Senate, for the reasons above al- 
leged, more than to discuss the merits of our Claim in repeated 
conversations, which we omitted no opportunity of doin"-. And 
it must be obvious, that to agitate the question in the House, 
while a portion of the Representatives from the interested States 
were indisposed to vindicate the justice of the Claim, and while 
the doctrine wa^ constantly maintained in public newspapers of 
our own State, that equity afforded no ground for its support, 
and that its success must be preceded by concessions of error, 
and permitted by the mere bounty of Congress; would have 
been an undertaking worse than hopeless. I rejoice that this 
high concern is now deposited in abler hands than mine. 

Whatever may be the fate of the Claim, I venture to predict 
that any allowances made towards it, will never be the fruit of 
disavowals or retractions, but the result of a conviction founded 
on evidence, and carried home to the understanding of Con- 
gress, or of the accounting ollicers, of the correctness of the 
principles maintained by those who have heretofore been char- 
ged with the solicitation of the Claim. I am well satisfied that 
there is such cvitlcncc, and that the principles are correct, and 
that the Chiim may be placed on a foot that would require no 
departure from the political tenets of any party. If this can- 
not be done, the sooner it goes to profit and loss, the better. 
For it is not competent to Congress, nor to the Executive Gov- 
ernmenl to make a grant to Massachusetts, of a million of dol- 
lars, more or less, as a bounty. If the State has a Claim in law 
or equity upon the National Treasury, it ought to be paid — but 
if (itherwise, it is a nullity : an<l there is no power in the Con- 



103 

stitution enabling; Congress to convert in unfounded demand 
into a just Claim, on condition of disavowing political heresies, 
or of any sort of truckling or humiliation — no power to give us 
on our knees, what we are not entitled to receive in the erect 
posture of an independent State. I hope this statement of facts 
will not be considered obtrusive upon the public, or offensive to 
any individuals. I mean to question no gentleman's motives, 
nor even to censure the course of those, from whom I have the 
misfortune to differ in opinion. While I cheerfully leave my 
general political character to the disposal of the public, and rest 
my private character upon the opinion of my neighbors, attempt- 
ing no vindication of either, I have felt it to be a duty to explain 
the mode in which I have endeavored to discharge a special 
trust, deeply interesting to my heart and feelings, and in re- 
gard to which I do not feel that the reproach of negligence or 
indifference can justly be added to the charge of other failings. 

H. G. OTIS. 
JUNE 28, 1823. 



JVOTE A. 

The writer of these letters, finding them called for by his friends, iu the 
form of a pamphlet, intended to illustrate certain of the subjects alluded to, 
by notes and references — But upon experiment it was found difficult to com- 
press them within the limits of a common sized pamphlet, and the projort is 
therefore abandoned. 



^ 



S9 



f 



















vj- . r\^ o *• * * ''S-^ 





. ,^- -^ ..-w^.- y\ '-yW'- .-.^ 





- r o .^"J^ 













'/ .^*^°^ 



